News & Analysis as of

Car Accident Evidence

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES C. Suran v. Auluck, [2017] B.C.J. No. 564, per Burke, J. [4234]

by Field Law on

II. LIABILITY ISSUES - C. The two drivers in a street race were found to be joint tort-feasors, both responsible for the death of a passenger in one of the vehicles, and the passenger was found contributorily negligent for...more

Defence & Indemnity - February 2017: IV. PRACTICE ISSUES A.

by Field Law on

IV. PRACTICE ISSUES A. The doctrine of abuse of process does not preclude re-litigation of the issue of whether or not an individual was insured in a priority dispute between insurers in the face of that individual’s having...more

Defence & Indemnity - December 2016: III. QUANTUM/DAMAGES ISSUES

by Field Law on

A. Ontario Court of Appeal upholds zero jury damage award regarding a crumbling skull plaintiff. Jugmohan v. Royle, 2016 ONCA 827...more

Second Time Lucky: In Phantom Vehicle Cases, Ohio Insureds Can Now Corroborate Their Own Testimony

by Pullman & Comley, LLC on

Hit-and-run drivers don’t always hit; some motorists recklessly cause accidents without making contact, then vanish from the scene. Victims in such cases can often obtain coverage under the uninsured motorist (UM) provisions...more

Ohio Supreme Court Determines That The Independent Corroborative Evidence Necessary To Prove An Uninsured Motorist Vehicle Claim...

by Reminger Co., LPA on

In order to present an uninsured motorist claim when an accident is caused by an unidentified vehicle, a claimant must present independent corroborative evidence demonstrating that the accident was caused by the negligence of...more

Eleventh Circuit Clarifies “Permanency” Requirement under Florida Bad Faith Statute

by Carlton Fields on

In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #1

by Field Law on

A. Reverse Onus Provisions of the Traffic Safety Act: Section 186 of the Traffic Safety Act applies over Section 185 in accidents involving a motorist and a non-motorist (such as a pedestrian or cyclist). Section 185 applies...more

Injured in a Car Accident? Watch What You Post on Social Media

In 2016, it has become normal to post details about even the smallest details of your life on social media for many to see. A review of an average Facebook feed may include pictures of someone’s breakfast, lunch, and dinner,...more

Personal Injury – Auto – Damages and Stipulation as to Liability

by Low, Ball & Lynch on

Christ v. Schwartz - Court of Appeal, Fourth Appellate District (August 12, 2016) - In a personal injury action, a defendant may wish to stipulate to liability where there is no real dispute as to who was at fault...more

Defence & Indemnity - June 2016: III. QUANTUM/DAMAGES ISSUES A.

by Field Law on

A. Surveillance evidence significant in discrediting Plaintiff in large chronic pain case - Bumstead v. Dufresne, 2015 ABQB 787, per Horner, J. [4186] ...more

Defence & Indemnity - April 2016: III. QUANTUM/DAMAGES ISSUES: B.

by Field Law on

B. In assessing the quantum for loss of future income earning capacity, negative contingencies must be supported by evidence. Sunner v. Rana, 2015 BCCA 406, per Chaisson, J.A. [4178]...more

Preserving the Chain of Evidence After an Auto Accident

by Howard Ankin on

The moments immediately following an auto accident can be stressful for drivers and passengers, especially when they sustain injuries. An accident scene can become a confusing hub of activity when police officers, tow trucks,...more

Value Paid by the Medical Lien Holder Alone Will Not Establish the Reasonable Value Medical Expenses

In Uspenskaya v. Meline (filed October 28, 2015), the California Court of Appeal for the Third District held that evidence of payments made by a medical lien holder offered to prove the reasonable value of medical services...more

Torts – Effect of Howell Decision on Purchased Medical Liens

by Low, Ball & Lynch on

Anna Uspenskaya v. Clare Meline - Court of Appeal, Third District (October 28, 2015) - Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 was a landmark case in which the California Supreme Court...more

Failing to Respond in Good Faith to Request for Admissions Can Have Costly Consequences

by Low, Ball & Lynch on

Timothy Grace, et al. v. Levik Mansourian, et al. - Court of Appeal, Fourth Appellate District (September 15, 2015) - The main purpose of a request for admissions is to eliminate issues by compelling admissions of...more

Court of Appeal Shines Light on Collusive Settlement Agreements

In Diamond v. Reshko, (filed 8/20/2015, No. A139251) the California Court of Appeal, First District, held that a defendant was entitled to introduce evidence at trial reflecting amounts paid by co-defendants in settlement of...more

Third Circuit Court of Appeals Predicts That Pennsylvania Supreme Court Would Prevent an Insured from Recovering Punitive Damages...

by Saul Ewing LLP on

Wolfe v. Allstate Prop. & Cas. Ins. Co., No. 12-4450, 2015 WL 3634779 (3d Cir. June 12, 2015). The Third Circuit Court of Appeals holds that evidence of punitive damages award against insured in underlying suit was not...more

Proper Measure of Medical Damages, Admissibility Of Evidence, and Sufficiency of Evidence in Tort Cases Involving an Uninsured...

by Low, Ball & Lynch on

Omar Bermudez v. Faith Ciolek - Court of Appeal, Fourth Appellate District (June 22, 2015) - Issues that remained unanswered after the Howell and Corenbaum decisions included: (1) what is the proper measure of...more

Re-Examining the Admissibility of Unpaid Medical Bills as Evidence

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015), the California Court of Appeal, Fourth District, held unpaid medical bills, joined with expert testimony regarding their reasonableness, were properly admitted and...more

Aquaplane accidents – what is sufficient evidence to prove causation? Tinworth v Haydon & NRMA

by DLA Piper on

NRMA have successfully defended to the High Court a claim for personal injuries as a result of a single vehicle aquaplaning accident. A roadside pedestrian alleged the driver had been negligent in travelling at the speed...more

Crash, Bang, Smash! Tips for Successfully Navigating Evidentiary Roads In Motor Vehicle Collisions

by Butler Snow LLP on

So your client has been involved in motor vehicle collision. Now what? Whether representing a plaintiff or a defendant in a crash, preserving all potentially relevant evidence is an obvious first concern. What may not be so...more

BB&K Police Chief Bulletin: Search of Vehicle “Black Box" - Admissible Evidence Captured by Vehicle’s Sensing Diagnostic Module

by Best Best & Krieger LLP on

Overview: A California appellate court recently upheld the admission of evidence obtained from the sensing diagnostic module (SDM) of a vehicle impounded after a fatal crash. The SDM decides whether to deploy air bags based...more

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