Pedestrian Prevails Against Insurance Company for Underinsured Motorist Benefits

A pedestrian who was crossing the street in a marked crosswalk with the right of way was struck by a negligent underinsured driver. She suffered a traumatic brain injury, a fractured foot, and a labral tear in her hip that caused a permanent limp. The driver was cited at the scene for failing to yield to a pedestrian in a crosswalk. We settled with the underinsured driver for the full policy limits, but it was insufficient to compensate the pedestrian for the harm she suffered. The pedestrian’s own insurance company initially refused to pay the underinsured motorist insurance benefits to her. We filed the case and eventually settled the case at a judicial settlement conference.

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