Several of the lawyers asked me to ellaborate. Basically, I'm a Pennsylvania resident with Penn. insurance coverage, while in NY, I got shot through my car while operating it, by some persons unknown. Being that the incident occured in NY, IM covered by NY no-fault law, However my insurance company brought up the question as to whether or not my medical expenses are going to be covered at all, due to the fact that it wasn't an automobile accident technically. They have not as of yet (3 weeks) decided on whether they will cover me or not. My question in clarity, is can they deny me coverage when the incident occured in my automobile but did not involve a technical accident. My perspective and I ask all counsel to consider the same is, if u were in your car and a tree fell on your car with u
While I have not done the research, I believe Atty. Adams is correct. You describe an event that is not covered under the New York no-fault law because your injuries did not arise through the "use and operation of a motor vehicle.".
Unfortunately your insurance company may be correct. Good luck
The only way to know for sure is to have an experienced insurance coverage attorney review the policy and all of the fine print. Odds are that the insurance company would prefer NOT to cover it as it would save THEM a lot of money. If they deny your claim, you really should spend the money to have an attorney review your policy. You may have to file a Declaratory action against the insurance company and have a Court make a ruling. Again, the insurance company will have an experienced attorney representing them. You should do the same.
The non-retail half of my practice is no fault collections. I would be shocked if they covered this event, because it did not arise out of the use of an automobile. If you were driving along and a tree fell on the car, that arose out of the use of the vehicle. This was a superseding criminality event, no different then if you were assaulted in a road rage incident while at a stop sign.
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