Woman Crushed Between Autos Was “Occupying” Vehicle

A woman whose legs were crushed between two cars was “occupying” the vehicle she had just gotten out of for purposes of a UIM statute, according to the Minnesota Court of Appeals. See Illinois Farmers Ins. Co. v. Marvin, 2006 WL 120152 (January 17, 2005). The woman had gone with a friend to the home of the friend’s father to get some toys. As they were loading the toys in the back of a Ford Explorer, the father apparently pulled up into his garage and pinned the woman’s legs against the Explorer’s bumper.
Her claim against the father exhausted his insurance, and she turned to her friend’s Underinsured Motorist Coverage, which was available by statute only if she was “occupying” the Explorer. The definition includes entering into or alighting from a vehicle, and she had just crawled out of the cargo area of the Explorer when she was struck.

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