Friedman & Simon Injury Lawyers - August 2025

Thinking Outside the Box

A $400K RECOVERY AFTER A SUBWAY INJURY

Not every injury case begins with a clear path forward. Some require creative thinking to secure the result our client deserves. A recent case from our office is a great example. Our client, a young woman, was walking through the Times Square subway station, transferring between trains, when something completely unexpected happened. A moped driver — who should never have been riding in the station on a platform filled with people in the first place — sped through the crowd and struck our client in the head. The impact knocked her unconscious. She suffered a fractured orbital socket, a serious concussion, and other lasting injuries. At first, the situation looked bleak. The moped driver fled the scene. Without a known defendant or clear insurance source,

the family and client feared they would be left without any recovery options. That’s where creative thinking came in. Our team explored every possible angle and discovered that the client qualified as a resident of her parents’ household in upstate New York, even though she was apartment hunting in New York City at the time of the accident. Her parents' uninsured motorist (UM) policy protected all members of the household and provided coverage for incidents involving ‘qualified’ vehicles. Under the policy, a moped that can travel over a certain speed qualifies as a vehicle that would lead to protection from the policy. When we submitted the claim, the insurance company pushed back. They argued that because our client had been unconscious and it was a hit and run, she couldn’t verify what type of vehicle hit her.

We took the issue to court and won, utilizing incident reports made in the regular course of business of responding officers and medical evidence documented by first responders, securing her right to uninsured motorist coverage under the policy of her parents. In the end, we negotiated a $400,000 settlement just before the scheduled arbitration hearing — a life-changing result in a case where many would have seen no recovery path. Cases like this show why it’s so important to have experienced legal advocates in your corner. Even when things seem impossible, the right team can help find a way forward. Contact us if you or someone you know is facing a difficult injury case. We’re here to explore every option and fight for the result you deserve.

SUDOKU

Summer Chickpea Salad Inspired by HowSweetEats.com

Ingredients • 2 (15-oz) cans chickpeas, drained and rinsed • 4 green onions, thinly sliced • 2 ears grilled corn, kernels cut from the cob • 1 pint cherry tomatoes, quartered • 3 tbsp chopped fresh basil • 2 tbsp chopped fresh chives

• 1/4 tsp salt • 1/4 tsp pepper • 3 tbsp olive oil • 2 tbsp red wine vinegar • 1 1/2 tbsp honey • 3 garlic cloves, minced or pressed • 1 lime, zested and juiced

Directions

1. In a large bowl, combine chickpeas, onions, corn, tomatoes, basil, and chives. 2. Toss well with salt and pepper and set aside. 3. In a small saucepan over low heat, add oil, vinegar, honey, garlic, lime juice, and zest. 4. Whisk until the mixture is warm and garlic begins sizzling. 5. Pour over the chickpea mixture and toss well to coat. 6. Cover with plastic wrap and refrigerate for at least 30 minutes before serving.

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