Auto accident victim sues driver and insurers

Kelly Holleran Nov. 6, 2008, 10:33am

Patricia A. Kubitschek has filed suit against Michael D. Noggle and two insurance agencies, alleging she was severely injured after a collision with Noggle and that the insurance companies refused to pay for her medical treatments.

Kubitschek was a passenger in Debra Soucy-Donze's 2005 Jeep Grand Cherokee on Nov. 1, 2006, as it was traveling east on State Route 15, approaching its intersection with State Route 13 in St. Clair County, according to the complaint filed Oct. 30 in St. Clair County Circuit Court.

Noggle was driving his 1998 Chevrolet east on State Route 15 behind Soucy-Donze's Jeep when he collided with it, the suit states.

Because of the accident, Kubitschek claims she suffered disability and disfigurement, pain and suffering, medical bills of more than $5,000 and a loss of income.

Noggle was an uninsured motorist, according to the complaint.

Both the State Farm Mutual Automobile Insurance Company policy Soucy-Donze owned and the Safeco Insurance Company of Illinois policy Kubitschek owned promised to cover damages incurred after a collision with an uninsured motorist, the suit states.

In addition, Safeco's policy should reimburse Kubitschek up to $5,000 for medical expenses, she alleges.

Kubitschek claims she notified both companies of her intent to make an uninsured motorist coverage claim and demanded arbitration.

Noggle was negligent because he was driving faster than the posted speed limit, driving too fast, failed to slow down to avoid a collision, failed to keep a lookout, drove while intoxicated and under the influence of drugs and failed to keep his vehicle under control, according to the complaint.

In addition, he negligently failed to use ordinary care to avoid a collision and to keep the road safe for others, the suit states.

In the three-count suit, Kubitschek is seeking a judgment in excess of $50,000, plus costs.

She is also seeking an order compelling State Farm and Safeco to arbitrate her uninsured motorist claim, a judgment in her favor in regards to the uninsured motorist claim, plus other relief the court deems appropriate.

She is seeking a judgment in her favor and against Safeco regarding medical payment coverage limits of $5,000.

Kevin Boyne of Belleville will be representing her.

St. Clair County Circuit Court case number: 08-L-557.

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