Motor Vehicle Accident Indemnification Corp. v. Oppedisano

After hearing the testimony herein, I find that the claimant was actually in contact with his car when the hit and run vehicle smashed into the claimant’s vehicle, knocked him down and injured him. Thus, he may not have been “ in ” the vehicle at the time of impact, but he was “ upon ” it. Be that as it may, it does not seem within the declaration of purpose of the Motor Vehicle Accident Indemnification Corporation Law to exclude him, under these facts, from the statute’s protection. (Insurance Law, § 600). The claimant had been an occupant of his vehicle just prior to the impact and he…