PHILADELPHIA – An Ardmore man who suffered pelvic fractures in a serious bicycle-automobile crash almost two years ago and who believed State Farm Insurance didn’t properly compensate him with uninsured motorist (UIM) benefits, has settled his litigation.
Per an order issued by the Philadelphia County Court of Common Pleas and its Arbitration Center on April 26, the notice explained the instant case filed by Iyarn Charmont against State Farm Automobile Insurance Company had been settled, it would be marked “discontinued” on the Court’s docket and removed from the applicable list and inventory of pending cases. Furthermore, the case may be restored to the arbitration list only upon written order of the motion program judge, through formal motion.
Terms of the settlement were not disclosed.
Charmont of Ardmore initially filed suit in the Philadelphia County Court of Common Pleas on June 15, 2017 versus State Farm, of Concordville.
“On June 11, 2016, plaintiff was riding a bicycle on 29th Street. At all relevant times, plaintiff was obeying the rules of the road. On this same date, underinsured driver Patrice Pickard was driving a motor vehicle on Grays Ferry Avenue. On the said date and time, Pickard drove through the intersection of Grays Ferry Avenue and 29th Street,” according to the complaint, which added Pickard went past a red light in the process and caused an accident.
Charmont said he suffered trauma injuries to his body, including multiple pelvic fractures, and has incurred substantial medical bills in securing treatment for his injuries from the accident.
Pickard’s vehicle was insured by a policy providing $15,000 in liability coverage.
“All of plaintiff’s described injuries and damages were caused as a direct result of the careless and negligent violation of the traffic code and driving and conduct of underinsured driver Pickard. On June 6, 2016, plaintiff was insured by the defendant State Farm under three insurance policies, which contained underinsured motorist Benefits as those terms are defined in the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1702, et seq.,” the complaint said.
“Plaintiff has given timely and reasonable notice to the defendant of the claim for underinsured motorist first party benefits. Plaintiff has provided proofs of the underinsured status of the underinsured driver Pickard vehicle, of the crash, of the police investigation, and of the plaintiff’s injuries, treatment for the same, and the effect/impact/damages on his life – both economic and non-economic. Despite the submissions of reasonable proof and demands for underinsured motorist benefits, the defendant has not agreed to pay all of the said benefits to which plaintiff is entitled under the said insurance policy,” the lawsuit read.
Before settlement, the plaintiff was seeking judgment against the defendant for payment of uninsured motorist benefits, delay damages, attorney’s fees, interest and costs not in excess of $50,000 in this matter, plus additional interest and costs.
The plaintiff was represented by Stuart Leon in Philadelphia.
The defendant was represented by Kristine M. Meindl of Goldberg Miller & Rubin, also in Philadelphia.
Philadelphia County Court of Common Pleas case 170601652
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com