Insurance Company Required to Pay Under-Insured Motorist Claim
Our client, Ms. M, was driving east over the mountains to visit family when a pickup pulling a trailer, driving in the opposite direction, swerved suddenly and crashed into her head-on. The pickup driver did not have chains or snow tires on and people had seen him fish-tailing several times before this crash. This collision was so severe the witnesses did not think that Ms. M. would survive. The officer completed a thorough investigation and concluded that the underinsured driver was “solely responsible for this collision for being in violation of the basic speed rule and in failing to drive on the right side of the highway.”
Severe Injuries Caused by Under-Insured Motorist
After being rushed to the hospital, Ms. M. was diagnosed with a skull fracture, a sub-arachnoid hemorrhage (bleeding in the brain); spinal fractures; a complex patellar (kneecap) fracture; and multiple rib fractures with bleeding into the chest cavity. She had thoracic irritation which caused atrial fibrillation and bradycardia, requiring placement into the cardiac ICU.
After release from the hospital, a wrist fracture was discovered. Damage to the sixth cranial nerve, caused by the collision, resulted in a lack of motor control over one of her eyes and serious vision problems. Surgical treatment at the Casey Eye Institute significantly improved that condition.
Despite the surgical placement of wires and screws, the leg injury did not heal properly. As a result, Ms. M. walked with a walker, limped when she did not, was susceptible to falling, and had great difficulty with stairs and uneven ground. She later underwent a second procedure at Slocum Orthopedics and had significant improvement.
During the recovery process, she was diagnosed with cancer. She underwent treatment and now has a good prognosis.
Settlement Reached with At-Fault Driver and Insurance Company
It was an honor to represent Ms. M. She dealt with significant pain and limitations with grace and remarkable cheerfulness. However, her career as a nurse was over. She had been volunteering for Volunteers in Medicine before the crash and she no longer had the mobility, endurance, or strength to continue to work. Her life will never be the same.
We were able to collect money both from the at-fault driver and insurance benefits under Ms. M’s insurance policy, which provided that the insurer would pay all expenses arising from the collision not covered by the at-fault driver’s insurance policy.
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