As highlighted in the 2009 Police Officer’s Right to Sue Newsletter, an Officer from Manhattan South received a settlement of $1,085,000.00 from the City of New York and the Officer’s private automobile insurance company. The Officer was the recorder responding with his partner to a traffic condition. The RMP had its lights and sirens on. The operator proceeded in the southbound lanes in the northbound direction on 11^th Avenue and went past a steady red light causing an accident with a motorist making a right hand turn with the green light onto 11^th Avenue.

After the accident, the Officer was unaware of his right to sue and let the 90-day time limitation to file a notice of claim against the City of New York lapse. Another member of the service alerted this Officer of DCD’s newsletters and expertise in handling line-of-duty accidents. The Officer contacted and retained DCD. DCD immediately filed a notice of claim and then made an application to a New York County Supreme Court Justice seeking permission to file the notice of claim past the 90-day statutory time frame. Fortunately, a Judge granted the application thereby allowing the lawsuit to proceed.

DCD sued the City of New York pursuant to GML §205-e claiming the operator of the RMP acted recklessly in proceeding in the wrong lane of traffic against the traffic signal causing the collision with the civilian motorist. DCD also sued the civilian motorist claiming the motorist failed to yield to an emergency vehicle. The Officer sustained an injury to his knee which required two arthroscopic procedures. The Officer was awarded a ¾ line-of-duty disability pension.

Unfortunately, the civilian motorist allowed his automobile liability insurance to lapse and did not have insurance. The Officer did possess $100,000 supplementary uninsured/underinsured motorist coverage. DCD was able to secure a $85,000.00 settlement from the Officer’s personal automobile policy. Prior to the trial, DCD negotiated a one million dollar settlement from the City of New York.