Cedar Park, Texas Jury Awards $84,077.87 in DWI UIM Claim

A motor vehicle collision occurred on December 10, 2016, in Cedar Park, Texas, when a compact sport utility vehicle collided with a minivan carrying the plaintiff, a front-seat passenger. The SUV driver was arrested for driving while intoxicated. The plaintiff claimed neck and shoulder injuries, including a torn supraspinatus tendon, and settled with the at-fault driver for the $30,000 policy limit.

The plaintiff then sued her underinsured motorist carrier for UIM benefits. She alleged the SUV driver's negligence caused her injuries and sought damages for past and future medical expenses, pain, and impairment. The defendant insurer stipulated the at-fault driver's negligence and past medical expenses of $31,577.87. However, the insurer disputed the cause and severity of the shoulder injury, presenting expert testimony that the tendon tear was pre-existing and not aggravated by the accident. The plaintiff offered evidence of her extensive medical treatments, recommended surgery, and vehicle damage.

Following a two-day trial, a jury awarded the plaintiff $52,500. This amount, combined with the stipulated past medical expenses, brought the total damages to $84,077.87. After a $30,000 offset from the at-fault driver's policy, the insurer was liable for its $30,000 UIM policy limit plus taxable costs. Jurors indicated that while future surgery was linked to the accident, they limited the award for future medical expenses to the plaintiff's anticipated out-of-pocket costs, specifically her health insurance deductible and funds for physical therapy.