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This case is being heard in the Supreme Court of the State of New York in New York County. The case involves the matter of an Application of MVAIC to vacate an Arbitration Award. MVAIC is the petitioner of the case. The respondents in the case are Geico Insurance Company, New York City East-West Acupuncture, and PC A/A/O Chun Hong Li. The Judge overseeing the case is Joan B. Lobis.
Case
The petitioner, MVAIC or Motor Vehicle Accident Indemnification Corporation, moves for an order to vacate an order that was awarded by the Lower Arbitrator and affirmed by the Master Arbitrator. The petitioner seeks an entry of judgment on their behalf that dismisses the case with prejudice. The respondents are currently in default as they have not submitted any opposition papers in this case.
Case Background
A New York Injury Lawyer said this case stems from an accident that occurred on the 21st of September in 2003. The respondent, Chun Hong Li was hit by a car on 13th Avenue in Brooklyn. The police report for the car accidentstates that the accident was witnessed by the husband of the respondent, Jian Neng Wu. The witness reported that the driver of the car and Ms. Li were arguing and when Ms. Li went up to the car the driver sped away and struck Ms. Li who fell to the ground and hit her head. The driver of the car left the scene, but the witness provided a license plate number to the police. The police report does not provide any insurance information for Ms. Li. The license plate number that was provided traced back to Phyllis Chu who is a resident of Staten Island. The car in question is insured by Geico.
Ms. Li underwent medical treatment for the injuries sustained in the accident at New York City East-West Acupuncture P.C. East-West submitted claims to the insurance company Geico. Geico denied the claims stating that Ms. Chu was not involved in the loss. It is not clear whether or not MVAIC was made aware of this denial at the time.
Ms. Li filed a notice of intention to make claim to MVAIC in December. She states that her injury was not covered by insurance and also completed an affidavit of no insurance. A Nassau County Personal Injury Lawyer states that the states in the affidavit that she was a passenger in a vehicle insured by Geico, when she should have stated she was a pedestrian struck by the vehicle.
Claims from East-West were submitted to MVAIC in the sum of $4,302.79. The claim was denied as the vehicle that was reported was insured by Geico.
While this was going on, Li started a personal injury suit against Ms. Chu in the Kings County Supreme Court. Ms. Chu moved for a summary judgment in the case and it was granted by default.
The main issue of this case is whether or not the respondent Li is eligible to receive benefits under the guidelines set forth for MVAIC.
Court Decision
The court feels that there is enough evidence provided in this case for a new hearing to be scheduled. A Manhttan Personal Injury Lawyer said during the new hearing MVAIC will be able to present evidence to show that Ms. Li is not entitled to benefits from MVAIC. The decisions that were made by the lower arbitrator and the master arbitrator are vacated to the extent of requiring MVAIC to provide benefits to Ms. Li.
For those who find themselves in a situation like the one above, contact Stephen Bilkis & Associates for help. We are happy to assist you in any type of legal case that you may find yourself in. You may contact one of our offices located throughout New York City to set up a free consultation.