Physical Contact and Occupying Under a UIM Policy

By Mike A. D’AmicoJune 2013 Is physical contact with the insured vehicle necessary for a person, other than a named insured, to be “occupying” a motor vehicle under a UIM policy? The majority of jurisdictions across the country hold that physical contact is not a requirement. Instead these courts eschew a hard and fast rule mandating contact in … Read More

Common Evidentiary Issues in the Auto Accident Claim

By Mike A. D’Amico,Esq.September 2007 Admissibility of Expert Medical Opinion: Causation and Substantial Factor Frequently we encounter a plaintiff who has a pre-existing similar condition, or a subsequent injury, that calls into question the causative role of the current event for the injury claimed. The question is further complicated by a treating doctor’s admittedly difficult task, … Read More

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