A tow truck driver was injured while he was on the job. The tow truck driver was on the flatbed of his tow truck while he was trying to release a vehicle that was hooked up to it. An employee began operating the forklift of the tow truck while the tow truck driver was on the truck itself dismounting the vehicle attached to it. As a result, the tow truck driver was struck, and this caused him to fall of the tow truck, as reported by the New York Law Journal in a July 1, 2013 news article.
The tow truckâ€™s â€œflatbed was insuredâ€ thus, the injured tow truck driver tried to recover for his injuries under the â€œno-fault benefits.â€ The insurance company rejected the claim because the â€œinjury did not arise from the use or operation of a motor vehicle.â€ Thus, the insurance company made a motion for summary judgment because the tow truck did not cause the driverâ€™s injuries.
A legal test must me met when determining if someone is eligible for no fault injuries: the injury must have been caused by the tow truck, the use of the towed vehicle was within the personâ€™s job description, and the injury must have occurred while mounting or discharging of the vehicle is occurring. The insurance company claimed that the first two parts of the test are met, however the last one was not as the vehicle did not cause the tow truck driverâ€™s injuries.
The court held that the tow truck driver was acting within his job description as he dismounted a vehicle while he was on the tow truck. Thus, the tow truck driver sustained injuries while he was on the tow truck and when he fell of it. As a result, the insurance company must cover the tow truck driverâ€™s injuries.
We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone elseâ€™s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initialÂ in office consultation or visit our website at www.MyNewYorkCityLawyer.com.