Plaintiff, for his Complaint, states as follows:
- The Plaintiff is a citizen and resident of Aurora Colorado.
- At all times material the State Farm Mutual Automobile Insurance Company, (“Defendant”), an insurance company, was licensed and doing business in the state of Colorado, its registered agent listed as: Kathleen Rees, 1555 Promontory Circle, Greeley, CO 80638.
- On or about October 12, 2007 an unidentified and/or phantom driver was negligent in the operation of his or her motor vehicle and as a direct and proximate result thereof did cause the subject collision and injuries, damages and losses set forth below.
- The hit and run accident occurred at or near the intersection of I-70 and Quebec Street in Denver County Colorado. The collision was caused by the negligent operation of a motor vehicle by an unidentified and/or phantom driver.
5. As a result of the collision, the Plaintiff incurred injuries.
ALLEGATIONS OF BREACH OF CONTRACT/
UNISURED/UNDERINSURED MOTORIST COVERAGE
6. Plaintiffs herewith adopts, realleges, and incorporates by reference paragraphs 1 – 5 above and as further grounds stating the cause of action against Defendant states as follows:
7. At all times, material hereto and at the time of the incident complained of, the Defendant was a domestic corporation, authorized to do and doing business in the state of Colorado, with its registered agent as Kathleen Rees, 1555 Promontory Circle, Greeley, CO 80638.
8. At all times material hereto and at the time of the incident complained of, the Plaintiff was insured under an auto insurance policy issued by Defendant.
9. Upon information believed, said policy contained within it a “direct action clause and/or in the alternative provided for the filing of this action.”
10. Plaintiff’s insurance policy provided for uninsured and underinsured benefits, which policy is believed to be in the possession of the Defendant, and which policy was in full force and effect on the date of the motor vehicle collision.
11. During the pendency of this clause, contract, and/or policy the subject vehicle collision occurred with the resulting injuries as set forth herein.
12. The subject collision gives rise to the payment of benefits for injuries suffered in the collision same as were caused by an unknown and/or phantom driver.
13. At the time an insured such as Plaintiff was injured by the negligent conduct of said driver and/or conduct of a “phantom vehicle”, such constitutes conduct for which uninsured and/or underinsured benefits are applicable.
14. As of the time of filing this complaint, Defendant has failed and/or refused to pay benefits pursuant to the uninsured/underinsured benefits available and as such has required the filing of this action.
15. Further, during the pendency of the clause, contract, and/or policy of insurance providing Plaintiff with uninsured/underinsured benefits, and on the date of the incident complained of, an unidentified driver and/or phantom driver, is deemed an uninsured motorist.
16. The unknown driver and/or phantom driver and/or uninsured motorist’s negligence and actions were a proximate cause of severe, permanent, and disabling injuries of body.
17. At all times material hereto and at the time of the incident complained of, the Plaintiff, as the driver of the vehicle, was operating his vehicle in a reasonable and safe fashion, such that he did not cause or contribute to cause the motor vehicle collision.
18. Plaintiffs committed no violation of law.
19. Plaintiff committed no act of negligence.
20. As a direct and proximate result of the Defendant’s negligence, Plaintiff sustained permanent injuries, and/or loss of earnings, and/or has or will incur reasonable and necessary medical expenses.
21. As a direct and proximate result of the unknown driver and/or phantom driver and/or uninsured motorist’s negligence and actions, Plaintiff has suffered traumatic physical, and/or garden variety emotional, and/or disabilities and/or economic losses and injuries which injuries, damages and losses are permanent in nature and which losses the Plaintiff has suffered in the past and will suffer in the future.
22. As a direct and proximate result of the unknown driver and/or phantom driver and/or uninsured motorist’s negligence and actions, Plaintiff has and will continue to endure, pain and suffering, loss of enjoyment of life, expenses for the services of doctors and other health care providers and medical supplies, and other such losses.
23. As a direct and proximate result of Plaintiff’s injuries, Plaintiff will be
prevented or hindered from engaging in certain social and recreational activities normal to his lifestyle prior to this incident and will otherwise be prevented from participating in and enjoying the benefits of a full and complete life.
WHEREFORE, Plaintiff requests that judgment be entered in favor of the Plaintiff and against the Defendant, in an amount to fairly compensate him for the injuries as set forth above, court costs, expert witness fees, statutory interest from the date this cause of action accrued or as otherwise permitted under Colorado law and for such other and further relief as this Court deems just and proper including:
- For an amount which will reasonably compensate the Plaintiff for any past, present and future economic loss;
- For an amount which will reasonably compensate the Plaintiff for any medical expenses, past and future;
- For an amount which will reasonably compensate the Plaintiff for any permanent impairment, limitation, injuries, and/or disfigurement;
- For an amount which will reasonably compensate the Plaintiff for any pain and suffering, past and future;
- For an amount which will reasonably compensate the Plaintiff for any loss of enjoyment of life and/or the capacity to live a full life;
- For interest as provided by Statute from the date of the collision which forms the basis of the complaint to the date of verdict or judgment, and for costs and fees incurred in the prosecution of the matter.