From Casetext: Smarter Legal Research

Schauer v. Motor Vehicle Acc. Indemnification

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1982
90 A.D.2d 790 (N.Y. App. Div. 1982)

Opinion

November 8, 1982


In a proceeding pursuant to section 618 Ins. of the Insurance Law for leave to sue the Motor Vehicle Accident Indemnification Corporation, the appeal is from an order of the Supreme Court, Kings County (Bellard, J.), dated June 4, 1981, which, after a hearing, granted the application. Order reversed, on the law, without costs or disbursements, and application denied. Plaintiff was allegedly injured by a motor vehicle while she was walking. Although the operator of the vehicle drove the plaintiff home and left her name and telephone number, the information was soon discovered by the plaintiff to be false. Nevertheless, the accident was not reported to the police until 27 days after the occurrence. While the driver did not leave the scene of an accident without stopping (cf. Vehicle and Traffic Law, § 600), the fact that her identity was not established places this matter within the Motor Vehicle Accident Indemnification Corporation Law (see Insurance Law, § 618, subd [b], par [1]; Matter of Riemenschneider [ MVAIC], 26 A.D.2d 309; Matter of Casanova v MVAIC, 36 Misc.2d 489). Under the circumstances of this case, however, plaintiff has failed to demonstrate that the police report was made "as soon as was reasonably possible" (see Insurance Law, § 608, subd [b]; Dimas v. MVAIC, 18 A.D.2d 761; Matter of Bonavisa v. MVAIC, 21 Misc.2d 963). Damiani, J.P., Thompson, Bracken and Boyers, JJ., concur.


Summaries of

Schauer v. Motor Vehicle Acc. Indemnification

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1982
90 A.D.2d 790 (N.Y. App. Div. 1982)
Case details for

Schauer v. Motor Vehicle Acc. Indemnification

Case Details

Full title:ANNA SCHAUER, Respondent, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 8, 1982

Citations

90 A.D.2d 790 (N.Y. App. Div. 1982)