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Proof of no collisionDecember 16, 2015

New Way Med. Supply Corp. v Dollar Rent A Car, 2015 NY Slip Op 51794(U) (App. Term 2d Dept. 2015)

An exhaustive affidavit is not necessary.  The following is the requisite proof:
“2. [A] Dollar vehicle was not involved in an alleged vehicular collision on June 18, 2011, a loss for which plaintiff’s assignor allegedly received medical treatment.

. . .

6. The claimant Jacen Adams (nor Adams Jacen) did not appear in any claimant name search. There are no records of an accident associated with said individual in Dollar’s system.

7. Secondly, Dollar is a self-insured entity and does not issue automobile policies to individuals or other entities.

8. Based upon the foregoing, I can attest with certainty that a Dollar vehicle was not involved in this particular vehicular collision on June 18, 2011, the loss for which plaintiff claims entitlement to No-Fault reimbursement.”

They said this is enough to prove prima facie no accident.

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