GMR Senior Counsel Ann Henriksen prevailed in a New York Supplemental Uninsured Motorists Arbitration involving two claimants. The claimants, 24 and 30 years old, were riding in an Uber, going 40 miles per hour, when the uninsured vehicle hit the Uber vehicle on the rear passenger side. Claimants felt neck and back pain following the crash and were transported by ambulance to a local hospital. Each claimant had positive MRI findings according to their doctors; one had disc bulges at L2-L3 and C6-C7 and herniations at L3-L4, L4-L5, and L5-S1 and the other had disc bulges at C2-C3 and C6-C7 and herniations at C3-C4, C4-C5, and C5-C6. They underwent months of physical therapy and chiropractic treatment and had pain continuing to the present.
Ann argued that the treatment was minimal and inconsistent, had stopped years before the hearing, claimants had no significant limitations, and that the defense medical examination did not confirm the plaintiff’s doctors’ radiological findings. The Arbitrator was not convinced that either claimant suffered a serious injury sufficient to meet the threshold requirements of Insurance Law 5102 (d). Accordingly, the Arbitrator denied the claimants’ claims, which was a victory for Ann’s client, the insurance company respondent.
