Orlando Jury Awards $100,705 in UIM Rear-End Collision

On October 23, 2002, the plaintiff's vehicle was rear-ended while stopped for traffic at the intersection of Turkey Lake Road and Woodgreen Drive in Orlando. The at-fault driver was an underinsured motorist. The plaintiff settled with the underinsured motorist's insurer for $10,000, then filed a lawsuit against the defendant, their own uninsured/underinsured motorist carrier, seeking additional coverage. The defendant admitted liability for the collision but disputed that the accident caused the plaintiff's injuries and that those injuries were permanent.

A jury in Orlando found that the underinsured motorist's negligence was the legal cause of the plaintiff's damages and that the plaintiff sustained a permanent injury as a result of the accident. The jury awarded the plaintiff $135,000. Following post-verdict adjustments, including collateral source set-offs and other reductions totaling $34,294.83, the court entered a net judgment of $100,705.17 in favor of the plaintiff. The defendant's policy limits were $100,000, and their highest pre-trial offer was $12,500. The plaintiff's motion for attorney's fees, based on a $99,999 proposal for settlement, was denied.