Victim of random drive by shooting not due uninsured motorist benefits

By Matthew Nissenfeld and Owen DeBalko

Facts About Case

• When Livsey was walking to her car she was hit by a bullet from an unknown shooter believed to have been driving past her on the street. She filed an uninsured motorist claim with her car insurance provider to cover the costs of the injuries she had. The insurer declined her claim because there was no accident that involved an uninsured motor vehicle. She sued the insurer but the trial court denied her claim. The appeals court reversed in her favor; the insurer appealed.

• Uninsured Motorist- someone who drives a vehicle and is not insured

• Drive-by Shooting- A shooter shoots from a vehicle driving past an area

Decision

• We agree with the decision that was made, the decision was that it was reversed and remanded. She wasn’t entitled to the benefits.