In a recent decision, the federal court for the Northern District of Indiana denied an insurance companies’ request to throw out a plaintiff’s Indiana personal injury lawsuit. In Kopey v. Brown (South Bend Division, 3:11 CV 477), the insurance company argued that because the plaintiff had injuries from a prior accident, that they could not collect damages from a subsequent accident that may have aggravated those prior injuries.A Terrible Accident
The plaintiff was coming to a stop at an intersection in Mishawaka, Indiana in August 2010 when she saw a car speeding towards her in her rear view mirror. She had little time to brace for impact, and was rear-ended by a car being driven by the defendant. The plaintiff was injured in the accident, and previous injuries she had from a 2007 accident were also aggravated. The defendant was not insured, so the plaintiff filed a claim with her own insurance company, Progressive, to cover the expenses related to the accident under her uninsured motorist protection.
Refused Coverage By Her Own Insurance Company
In response to the plaintiff’s insurance claim, Progressive refused to cover the charges. The company argued that she could not show that it was the second accident that caused her injuries and not the first accident or something else entirely. The plaintiff then filed this suit, claiming that her injuries should covered by her policy. In response to her request to bring the case to trial, the insurance company argued that the plaintiff had not presented any evidence of causation, and moved for summary dismissal of the suit.
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