A stray bullet hit Livsey as she stepped into her car. Livsey's medical bills exceed $600,000.00. A police report indicated that witnesses on the scene stated that they saw an older model Toyota Camry fleeing the scene. There were no “shell casings” in the area. The vehicle could not be identified. The case was turned over to the police. Livsey filed suit under her New Jersey automobile insurance policy for uninsured motorist benefits (“UM”). Mercury Insurance Group obtained summary judgment, and Livsey appealed.

The question presented to the appellant court was whether Livsey was entitled to pursue a claim for UM benefits.