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A woman from Nassau County, New York with a history of prior neck injuries found herself with no recourse due to the limit of $100,000 on her auto insurance policy. Unfortunately, a new accident caused her even greater pain and disability when another vehicle struck her while she was sitting in her parked car. Prior to this accident, Raphaelson & Levine’s client was already receiving social security disability (SSD) payments for a neck injury that required her to undergo cervical fusion surgery. She was working with a doctor to treat her previous neck injury when the accident happened while she was sitting in a parked car.The defendant, in this case, filed a motion to dismiss our client’s claim by stating that she had pre-existing conditions and that her new neck injuries did not happen because of the most recent accident. Our personal injury attorneys defeated the motion introduced by the defendant and won our own motion on liability. The court decided in our favor and held the defendant responsible for the car accident and our client’s subsequent injuries. This caused the defendant to increase our client’s policy limits to avoid having the case going to trial.

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