Lexington Jury Awards $112,577 in Rear-End Collision UIM Claim

In October 2018, a driver was involved in a rear-end collision on Cooper Drive in Lexington, Kentucky. The plaintiff, driving an SUV, had stopped for a bicyclist when a Jeep, driven by an initial defendant, struck the plaintiff's vehicle. The plaintiff's vehicle sustained damage and was later towed.

The plaintiff began treating for soft-tissue injuries thirteen days post-crash, undergoing chiropractic care, physical therapy, and an MRI that revealed an incidental disc protrusion. Following a 20-month gap in treatment, a physician identified a facet joint injury, leading to a radio frequency ablation procedure. The plaintiff subsequently reported being mostly pain-free.

The plaintiff filed a lawsuit against the at-fault driver and their own underinsured motorist (UIM) carrier. The at-fault driver settled for policy limits of $25,000, and the case proceeded against the UIM carrier, State Farm. The plaintiff sought damages for $32,577 in past medical expenses, $30,000 for future medical care, $50,000 for impairment, and $450,000 for pain and suffering. The UIM carrier defended by attributing the plaintiff's injuries to degenerative conditions and an aging process, and presented an independent medical examination suggesting magnified symptoms potentially linked to a pre-existing anxiety disorder. The plaintiff disputed the independent medical examiner's qualifications to make such a diagnosis.

The case proceeded to a two-day trial focused on damages. The jury returned a verdict of $112,577, awarding $32,577 for past medicals, $30,000 for future medicals, and $50,000 for pain and suffering, but rejected the claim for permanent impairment. The final judgment against the UIM carrier was for $77,577, reflecting reductions for $10,000 in personal injury protection (PIP) benefits and the $25,000 paid by the at-fault driver's policy.