New Jersey Court: Teen hurt riding in stolen car could get insurance

MJMANDALAY

Registered User
Jan 26, 2005
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An East Orange teenager who was severely injured in a crash while riding in a stolen car may be entitled to coverage under his family's auto-insurance policy, an appellate court ruled today.

The Superior Court Appellate Division sent the case back to a lower court for a retrial on the question of whether the boy, Tyrell Hardy, knew that the vehicle was stolen.

"In our view, an exclusion from coverage of persons who did not know or have reason to know that they were riding in a (stolen car) would be unrealistic and not objectively reasonable..." Judge Edith Payne wrote for the three-judge panel in the decision.

The case, which appears to be the first of its kind in New Jersey, hinges on a clause in Liberty Mutual Insurance Co. policies that denies benefits to people riding in a car without the owner's authorization.

But Hardy's attorneys claim the teen did not know the car was stolen. They assert that he is entitled to personal injury and uninsured motorist benefits under a Liberty Mutual policy maintained by his grandmother, Vera Dowdell.

Randi Greenberg, who handled Hardy's appeal, said the Appellate Division ordered its decision published because the state's courts have never addressed such a case.

"This particular fact pattern, with an unwitting passenger of a stolen car, has not come up before in New Jersey," Greenberg said.

On the afternoon of Oct. 20, 2004, Hardy, then 14, was in the back seat of a stolen Subaru Imprezza that was being driven by Hamza Abdul-Matin, 16, and had a 24-year-old, Alquan Edwards, in the front passenger seat.

A witness said the Subaru was going about 80 miles per hour when it rammed into a Public Service Electric & Gas truck in an East Orange intersection. The Subaru burst into flames, and its occupants had to be pulled from the wreckage.

Edwards was fatally injured in the crash, and Abdul-Matin escaped on foot with a broken femur and head lacerations. He was arrested later and pleaded guilty to aggravated assault and receiving stolen property.

Hardy, who was not charged with a crime, was in the hospital for a month with a broken leg, a displaced pelvis, broken facial bones and other injuries.
 

THE FEZ MAN

as a matter of fact i dont have 5$
Aug 23, 2002
41,316
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#2
what the fuck is wrong with jearsy?
 

mascan42

Registered User
Aug 26, 2002
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Ronkonkoma, Long Island
#4
Don't sue the insurance company. Sue the one who's to blame: asshole raghead who stole a car and stuck your kid in the back seat.
 

ginaf20697

Registered User
Jul 26, 2005
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#5
Somehow I doubt the asshole raghead can afford to pay out as much as the insurance company.
 

mascan42

Registered User
Aug 26, 2002
18,631
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Ronkonkoma, Long Island
#6
Exactly. It's not about who should pay. It's about who's got the most money we can possibly get our hands on. Meanwhile, these dopes don't get that winning a lawsuit against the insurance company just means higher premiums for the rest of their lives.
 

ginaf20697

Registered User
Jul 26, 2005
5,962
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#7
Somehow I doubt they buy much insurance either. Besides, if they cash in they can afford it.
 

Begbie

Wackbag Generalissimo
Jul 21, 2003
17,800
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Wilmington, NC
#9
A stolen car in East Orange? You're kiddin'!
to add to that thought...that was stolen by kids named Tyrell, Alquan, and Hamzi in East Orange?

Edwards was fatally injured in the crash, and Abdul-Matin escaped on foot with a broken femur and head lacerations.
What I'm more amazed about is how this guy "escaped on foot" with a broken femur! Damn, that's some dedication!
 

HummerTuesdays

Another girrrrl!!!
Apr 24, 2005
7,347
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On the road to ruin
#10
Somehow I doubt they buy much insurance either. Besides, if they cash in they can afford it.
I hoping they're dropped & unable to get insurance after this.

As for the case: Liberty Mutual clearly states: "that denies benefits to people riding in a car without the owner's authorization." I hope that Liberty Mutual has already changed it to read, "regardless of whether said individual has knowlege of authorization" or something to that effect.

Fuck this fucker in his fucking ass. Higher premiums for all of us to help cover the cost.
 

Sprite

permanent case of the Moooondays
Apr 27, 2005
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Jersey
#11
...on the question of whether the boy, Tyrell Hardy, knew that the vehicle was stolen.
He knew.