$52,500 gross recovery for lumbar disc protrusion injury car wreck in Arlington, TX. Fantastic UM/UIM claim settlement by attorney at policy limit.
Our client was operating a vehicle traveling westbound on SE Green Oaks in Arlington, Texas. An inattentive motorist failed to control speed and rear-ended our client causing her to collide with the automobile in front of her. The at-fault driver fled the scene. It was later discovered that the person at-fault did not have insurance coverage.
Remember: It is absolutely imperative to have uninsured/underinsured (UM/UIM) motorist coverage on your automobile policy in case you are involved in a wreck with someone who doesn’t have insurance or doesn’t have enough insurance to compensate you for your injuries or property damage. Consider: The Dallas Morning News reported in August 2014 that 1 in 6 Dallas County drivers have no automobile insurance whatsoever.
We promptly set up an uninsured motorist claim with our client’s automobile insurance carrier. She underwent physical therapy but was unable to obtain adequate pain relief. The client was referred to a pain management doctor who diagnosed her with a lumbar disc protrusion, lumbar facet syndrome, and SI joint dysfunction. He performed bilateral L4-5 lumbar facet injections and bilateral L5-S1 lumbar facet injections in an effort to decrease the client’s pain. The injections were largely successful and our client made a near complete recovery.
At the conclusion of our client’s treatment we submitted a demand for the uninsured motorist policy limits. We provided her carrier with a deadline to respond to our demand.
Comments from Attorney Joseph Morrison: It’s important to understand the subtle distinctions between a third-party liability claim and a first-party claim. If another motorist collides with you and you’re dealing with that person’s insurance company (third-party claim) that company owes you no legal duties whatsoever. They can essentially tell you to get lost or pound dirt if they want to. In fact, they would be within their rights to not even respond to you at all if they didn’t want to. If, however, you are dealing with your own insurance company (first-party claim) the company owes you duties of good faith and fair dealing because you have a contract with them. In the instance of this claim our client’s insurance carrier did not timely respond to our settlement demand. I sent correspondence to the carrier informing them that they appeared to have violated the Texas Insurance Code in failing to do so. Her insurance carrier responded by tendering the full policy limits.
The settlement for this claim involving a lumbar disc protrusion as a result of a car wreck in Arlington, TX was $52,500.00. Attorney fees were $15,161.38. Case expenses were $710.11. After paying medical providers, the client’s net recovery was $15,161.39. This is an outstanding result at policy limits for a client that was injured by an uninsured motorist.