Question: While bicycling Gray was injured as he was leaving a
While bicycling, Gray was injured as he was leaving a park. A driver, insured by Allstate, was driving into the park on the same road as Gray, in the opposite direction. There was no collision. The driver had veered toward the center of the road to avoid hitting a pedestrian and Gray, whose attention had been distracted, looked up and saw the driver heading in his direction. Gray lost control of his bicycle and crashed. Gray sued the driver, claiming no- fault benefits. The driver’s insurance company refused to pay, claiming that the injuries were not due to an automobile accident. Was the insurance company correct?
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