Winter Park Rear-End Collision Insurance Dispute Settles for $6,757

On June 21, 1996, a driver was rear-ended at an intersection in Winter Park, Florida, sustaining post-traumatic headaches, neck pain, and low back pain. The plaintiff sought chiropractic treatment for approximately sixteen months. The plaintiff's insurer, State Farm Fire & Casualty Company, paid for most of the chiropractic care but then terminated benefits for the final four treatments, deeming them not reasonable, necessary, or causally related to the automobile accident. The plaintiff subsequently filed a lawsuit against State Farm to recover $212 for these unpaid chiropractic bills.

During the trial, the plaintiff's initial treating chiropractor testified that the plaintiff experienced ongoing pain and received temporary relief, justifying continued care. Another chiropractor, who currently treated the plaintiff, also endorsed the disputed treatments as reasonable, necessary, and related to the accident. A neurologist treating the plaintiff for headaches stated these were connected to the incident. State Farm presented testimony from two independent medical examination (IME) chiropractors. One IME, conducted in March 1997, concluded the plaintiff was symptomatic and could benefit from additional chiropractic care. However, a second IME in August 1997 opined that the plaintiff had reached maximum medical improvement and further treatment was not necessary or accident-related. State Farm also argued that the disputed bills had not been received for payment consideration before the lawsuit was filed, a claim the trial court denied.

The jury returned a verdict in favor of the plaintiff for $212. The trial court subsequently denied the defendant's motion for judgment as a matter of law. While the plaintiff was initially awarded attorney's fees and costs, the matter ultimately settled after the defendant filed an appeal, with State Farm agreeing to pay all outstanding bills and $6,545 in fees and costs.