|Injuries||Auto Collision, back injury|
|Date||April 12 2013|
The plaintiffs were rear-ended by the defendant on December 12, 2011. The accident was low speed, causing only $660 worth of vehicle damage to plaintiff’s car.
The husband had a history of back problems, but plaintiff alleged that this impact was enough to cause him to have back surgery. The wife only had a few hundred dollars in chiropractor care.
Safeco Insurance insured the defendant. They made an initial offer of $1,065, arguing that husband’s prior involvement in the rodeo and farming led to the back problems. Safeco ultimately paid its $25,000 policy limits for husband and $2,000 for wife.
Husband then made a claim against his own carrier, Progressive, for underinsured coverage. Plaintiff settled for the $50,000 underinsured policy limit, without a set-off for prior payments. Progressive also waived its $5,000 lien for medical payments. Finally, a lien for Cox Hospital was negotiated down.
This case highlights the need for counsel who knows the details of insurance coverage law and who is willing to fight to have lien’s reduced. The husband’s claim went from an initial offer of $1,065 to $75,000 through hard-fought actions.
Past results afford no guarantee of future results and every case is different and must be judged on its own merits.