In re the Arbitration between Hilton & Motor Vehicle Accident Indemnification Corp.

Claimant, as a passenger in one motor vehicle, sustained personal injuries in a head-on collision with another motor vehicle. Pursuant to article 17-A of the New York Insurance Law, he filed a claim with the MVAIC. In turn, it obtained an order of this court directing ‘ ‘ a trial of the preliminary issue as to whether claimant was an ‘ innocent victim ’ within the meaning of Article 17-A ’ ’ of the statute.

The respondent contends the claimant was not an innocent victim. It relies principally on testimony given by a State Trooper who interviewed claimant in a hospital shortly after the…