NYC Injury News, Talk & Advice

New York car accidents, personal injury, laws, settlements, tips and more

Family of Grandma Killed by BMW Charged $6K to Fix Car That Killed Her

Wow can this story be any crazier?  Your grandmother is killed by the driver of a BMW and then the drivers insurance company tries to collect on the damages done to the vehicle.  Can we just say “that’s just nuts”.  The poor women is walking home from the supermarket when she is hit by a 57 year old therapist.  She later dies at a nearby hospital in Long Island.

Its bad enough the surviving family is devastated and grieving the loss of grandma, but to then receive a letter from the drivers insurance demanding $6,245.09, for damages is mind blowing!

 

The letter obtained by The New York Post reads.

Whats amazing is as soon as this became public knowledge the insurer starts to back peddle.

On Friday, a Post reporter asked PURE’s president about the letter. Hours later, the insurer dropped its collection effort, issuing a statement that said in part:

“Our sympathies go out to the family and loved ones of Ms. Cedeno . . . s a company policy, as well as due to the extremely sensitive nature of this tragedy, we are reluctant to go into great detail about the circumstances of an open claim. We can confirm it would not be our policy to pursue recovery of damages in a case like this.“We acknowledge that a letter was written and sent by an otherwise excellent claims professional. . . that created the impression that reimbursement would be pursued even if there was no applicable insurance. This runs counter to our position, and [the claims professional] should not have written the letter.’’

One opinion to this is that “Contrary to popular belief, it is NOT always the driver’s fault in a car/pedestrian accident. If the woman was crossing illegally, then it was not the driver’s fault. Nor the insurance company”.

I work for a  New York car accident lawyer and I am native in New York. I would like to apply the “pedestrian right of way” rule.  As drivers could this accident of been avoided by driving a safe speed.  Okay lets just say grandma wasn’t in a crosswalk, does that make it okay for any driver not to be aware of their surroundings?

As one poster commented, “The pedestrian is always right” well it depends who gets hit by a car… and I agree.

Single Post Navigation

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: