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Posted On: November 19, 2008 by Donald W. Fohrman

Auto accident victim sues driver and insurers

On November , 2006, Patricia Kubitschek was a passenger in Debra Soucy-Donze's 2005 Jeep Grand Cherokee. They were approaching the intersection at State Roue 13 in Clair County when Michael Noggle, who was driving his 1998 Chevrolet collided with them.

Kubitschek filed a lawsuit against Noggle, Safeco and State Farm insurance companies. The lawsuit alleges that Kubitschek was severly injured in the accident and the insurance companies were denying payment of her resulting medical treatment.

Kubitschek claims that she suffered a disability, disfigurement and pain and suffering. Her medical bills totaled more than $5,000 and she lost income as a result of the accident.

According to the complaint, Noggle was driving faster than the posted speed limit. He failed to slow down to avoid the collision and failed to keep a lookout. He was also intoxicated and under the influence of drugs.

Soucy-Donze was covered by State Farm Mutual and Kubitschek was covered by Safeco Insurance Company. Both carriers promised Kubitschek that they would cover her damages after the accident. Noggle was uninsured.

Both companies were notified of Kubitschek's intention of filing a claim under the uninsured motorist coverage and her demand for arbitration.

The lawsuit seeks a judgment in excess of $50,000 plus costs.

Kubitschek is also seeking an order which will compel both insurance companies to arbitrate her claim under the uninsured motorist coverage portion of the two policies, a judgment in her favor and other compensation the court feels is appropriate.