Victim of Random Drive-by Shooting Not

Due Uninsured Motorist Benefits

By: Mike Cavanaugh & Torin Grumm

Topic: Insurance

When Livesy was walking to her car with groceries in hand she was hit by a bullet from an unknown shooter believed to have been driving down the street. She filed an uninsured motorist with her car insurance to cover injuries she suffered. The insurer rejected the claim because there was no damage to the uninsured vehicle. She sued the insurer but trial court rejected her claim.

Summary

Reversed and remanded: An insured who seeks uninsured motorist (UM) benefits must: 1) demonstrate that the injuries were caused by an accident, and 2) prove that the accident arose from the ownership, maintenance, operation or use of an uninsured vehicle. Being hit by a bullet at random qualifies as an accident, but did not arise out of the ownership, maintenance, operation or use of an uninsured vehicle, so Livsey was not entitled to UM benefits.

Decision

• Drive-by shooting- shooting someone from a vehicle as it is driven past the victim

• Uninsured Motorist- An 'uninsured motorist clause' is a provision commonly found in United States automobile insurance policies that provides for a driver to receive damages for any injury he or she receives from an uninsured, negligent driver.

Key Words