Lincoln, New York-- It was a bone-chilling night in February when Lincoln Volunteer Firefighter James Gallaher was struck by a hit and run driver while directing traffic at an accident scene in Walworth. Ten weeks later he's still suffering the consequences with a dislocated kneecap, head injuries, and more.
"My neck, I can't turn all the way across without hurting a lot," said Gallaher. "I'm not able to drive. I don't know when I'll be able to drive."
Now, adding insult to injury, Gallaher is dealing with a denial of insurance coverage. His fire department spends $10,000 a year for a policy with Utica National; a policy he assumed would cover him.
"It's ridiculous," said Gallaher. "They're just trying to pull a fast one and it affects every volunteer fireman in New York State because the same law applies to them."
Utica National sent a letter of explanation. Because Gallaher wasn't named specifically on the policy and wasn't inside the insured vehicle, his claim was denied. So now he has hired an attorney.
"He should be entitled to this coverage under the policy of the fire department," said Tony DiNitto, an attorney with Faraci Lange.
DiNitto says volunteer firefighters are always directing traffic in dangerous environments: Coverage is a must.
"The likelihood of being struck by a car is high under these circumstances... and they should have coverage to protect themselves," said DiNitto.
Fortunately workers compensation is covering him for now, but Gallaher's afraid time will run out. And with no driver to take the blame, litigation may be the only option.
"I don't know. It's frustrating," said Gallaher. "I just hope Utica National steps up to the plate like they're supposed to."
We tried contacting Utica National for comment. A manager told us to write a letter, which would be forwarded to the company's corporate counsel.
Meanwhile, the driver who fled the scene that night remains at large. A reward fund has been set up for information leading to an arrest. Thanks in large part to neighboring fire departments; the fund is now more than $3,000.
Republished with permission of WROC-TV.
