. .

Attorney(s) for Plaintiff:
Philip L. Franckel, Esq.
Law Office of Philip L. Franckel

$155,000 RECOVERY – Motor Vehicle Negligence – Auto/Motorcycle collision – Hit and run driver collides with intoxicated motorcyclist – Comminuted ankle fracture.

Queens County, NY

The plaintiff motorcycle operator, in his early 30s, contended that a driver negligently entered his lane on the Belt Parkway, struck his motorcycle, and fled the accident scene. The plaintiff had a motorcycle policy with an uninsured limit of $25,000. The plaintiff filed a UM claim against both the motorcycle policy and plaintiff's automobile policy which had uninsured coverage of $300,000 and had an exclusion as to motorcycles. The plaintiff maintained that the carrier failed to timely deny the uninsured claim against the automobile policy and the carrier had to extend total coverage of $300,000.

A toxicology screen, taken 61 minutes after the accident, showed that the plaintiff had a BAC of 0.203. The hospital records were not sent until six months after the accident and prior to that, the plaintiff testified at his Examination Under Oath (EUO) that he only had one glass of wine. The police report stated "…Driver #1 lost control of motorcycle and fell off. Driver #1 was confused and disoriented as to what occurred…”

The defense Forensic Toxicology expert wrote in his report that the plaintiff “...would have had to have consumed a minimum of nine to eleven drinks, assuming that drinking took place over a period of approximately two hours prior to the accident.”

The insurance company contended that the plaintiff was never hit by a car, but fell off his motorcycle because he was drunk. The insurance company also contended that the plaintiff lied at his EUO about his drinking.

The plaintiff underwent surgery and maintained that he will permanently suffer pain and difficulties ambulating. The plaintiff made a demand for arbitration, the defendant filed a motion to stay arbitration, and the claim was settled for $155,000 before arbitration.

Poneros vs. Defendant insurance company. Docket no. 2351/12.

Attorney for plaintiff: Philip L. Franckel, Esq. of Law Office of Philip L. Franckel in Roslyn, NY.

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