Georgetown Jury Awards $45,000 in Kentucky UIM Claim

In June 2018, a collision occurred on U.S. 62 at Ironworks Pike in Georgetown, Kentucky, when an oncoming vehicle made a left turn in front of another driver. The driver of the second vehicle, a 46-year-old research administrator, sustained a mild traumatic brain injury (TBI) that reportedly exacerbated pre-existing migraines and anxiety, affecting cognitive function, memory, speech, and causing dizziness.

The injured driver initially settled with the at-fault driver for $50,000, the full policy limits. Subsequently, the plaintiff sought underinsured motorist (UIM) coverage from her own insurer, whose policy limit was $250,000. The case proceeded to trial in Georgetown, with both parties stipulating fault and causation, leaving the jury to determine only pain and suffering damages. The plaintiff presented medical evidence and an expert opinion confirming the injury and its impact. The defendant insurer argued the injury was diminished, with their expert conceding an injury but stating the plaintiff was largely recovered, and dizziness could be managed with prism glasses. The defense also received a mitigation instruction due to the plaintiff not seeking treatment for anxiety.

After a three-day trial, the jury returned a verdict for the plaintiff in the amount of $45,000. Because this award was less than the $50,000 already paid by the initial defendant, a judgment for the plaintiff's insurer was expected, as UIM coverage typically applies only to damages exceeding the amount recovered from the at-fault driver.