Plaintiff Awarded Damages for Injuries from Unidentified Hit-and-Run

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Plaintiff sued defendant insurer to recover uninsured motorist benefits. Defendant moved for summary judgment on grounds that hit-and-run driver had been identified.

After plaintiff was sideswiped by an unknown truck, she attempted to identify the truck owner and driver. Although she believed she had located this person, the police were never able to establish identity. Plaintiff sued defendant insurer for refusal to pay on her uninsured motorist coverage, and defendant moved for summary judgment. The court held that plaintiff had raised a triable issue as to the identity of the driver who struck her. The police reports and depositions indicated that evidence did not identify the driver as a matter of law, despite plaintiff's efforts to help defendant by locating the hit-and-run driver, so summary judgment was improper. The court denied the motion because there were genuine issues of material fact regarding identification of the hit-and-run vehicle.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: Vining v. Amari, 2000 Conn. Super. LEXIS 520, 2000 WL 268562 (Conn. Super. Ct. Feb. 28, 2000)