It was a sunny day, clear skies, and a perfect day to go for a walk, or so a man thought in October 2014. He was visiting his mother in Newark and went out for a walk and was crossing a side street when a local woman made a left turn and struck him in the middle of the road. He was walking in the crosswalk and more than 30 feet from either curb when he was hit. The man flew up onto the windshield, striking his face on the windshield wiper and then was through forward onto the ground. The woman told police she never saw the man until he hit her windshield.
The man’s left leg was fractured by the bumper and the windshield wiper caused a large gash to his forehead. He was taken from the scene of the accident by ambulance to the emergency room. He was diagnosed with a fractured leg and was later advised he needed knee replacement surgery due to the displacement of the fibula within the knee joint.
Sounds like a straightforward case, but, the woman’s insurance carrier thought different. A neighbor of the woman gave a statement that the man was "weird" and talking on the phone. She offered the opinion that the man walked intentionally into the car.
Although the woman did not speak to the police at the scene of the accident, the insurance carrier relied upon this statement, refused to identify the woman or share her statement, and blamed the man for causing the accident.
The Dunnion Law Firm immediately demanded a policy limits settlement, and when the insurance carrier refused suit was filed and the medical evidence was jammed down their throats. Before their insured had to give a deposition, the insurance company changed its tune and tendered the $100,000.00 policy limit to the man.