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Phantom BMW abandoned on Brooklyn street after fatal accident

It's unlikely that the driver of a BMW involved in a hit-and-run fatality in Brooklyn is the owner of the abandoned and destroyed vehicle. The red, flashy BMW seemed to come out of nowhere when it hit and killed a 46-year-old man on a bicycle at Broadway and Halsey Street. After the fatal accident, the driver took off going the wrong way up Boyland Street and crashed into a Toyota 4-Runner. Under New York law, he appears to be both civilly and criminally responsible for the death and injuries.

The father and daughter in the 4-Runner were rushed to the hospital with injuries. The BMW, which was worth nearly $100,000, was found by authorities abandoned and hopelessly crushed at the scene. The reckless driver ran off after the final collision. He is wanted by the police and will likely be charged criminally when found.

With the car abandoned at the scene, and with its license plate intact, it's likely that the car was stolen and taken on a deadly and torturing joyride. If the owner were driving, it would have been pointless to abandon the vehicle and run off, leaving the license plates attached to the car. In any event, it's likely that the driver will be apprehended sooner or later.

The driver is liable for damages to the decedent's estate and the injured individuals in this fatal accident. With respect to insurance coverage for the decedent and the two injured victims, the insurance for the BMW may be available for coverage depending on the facts yet to be discovered. If the car was stolen, there may be an out for the insurance company, but that will depend on the wording of the BMW owner's insurance policy. The decedent and the injured can also look to their own policies, if any, and to the auto policies of those with whom they reside for the prospect of uninsured motorist coverage made available for purchase pursuant to New York law.

Source: myfoxny.com, "Hit-and-run driver causes deadly mayhem in Brooklyn", Liz Dahlem, April 9, 2014

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