Louisville Jury Issues Defense Verdict in Uninsured Motorist Claim

A rear-end collision occurred on November 17, 2016, at the intersection of 34th Street and Garland in Louisville, Kentucky. An at-fault driver struck the plaintiff's vehicle after momentarily looking away. Fault for the collision was not disputed.

The plaintiff subsequently sought treatment for soft-tissue injuries, including chiropractic care and physical therapy. Her medical expenses totaled $16,119. As the at-fault driver was uninsured, the plaintiff filed a lawsuit against her own insurer, seeking uninsured motorist (UM) benefits. The plaintiff claimed $125,000 for past pain and suffering and $125,000 for future pain and suffering.

The insurer-defendant argued that the collision was too minor to have caused the claimed injuries. A biomechanics expert testified for the defense, stating that the impact was unlikely to have caused an injury, or that any injury sustained would have been minor. The defense also asserted a threshold defense, contending that the plaintiff had not incurred $1,000 in reasonably necessary medical bills, a legal requirement for certain injury claims in Kentucky.

After a four-day trial, the jury found that the at-fault driver was uninsured and that the plaintiff had met the $1,000 medical bill threshold. The jury awarded the plaintiff $8,060 for medical expenses but did not award any damages for past or future pain and suffering. As the awarded medical bills had already been covered by Personal Injury Protection (PIP) benefits, the court entered a judgment in favor of the insurer-defendant. No post-trial motions were filed.