Harris County Jury Awards $23,089.98 in Rear-End Collision Insurance Dispute

On November 24, 2015, the plaintiff sustained personal injuries in a car collision in Harris County, Texas, when their vehicle was rear-ended by an uninsured driver while stopped in traffic. The investigating officer cited the at-fault driver for failure to control speed. The plaintiff suffered debilitating neck and back injuries. At the time of the incident, the plaintiff held an insurance policy with the defendant insurer, Allstate Fire and Casualty Insurance Company, which included coverage for collisions caused by uninsured motorists. The defendant insurer subsequently refused to pay benefits under the policy.

The plaintiff filed a lawsuit against the defendant insurer on May 2, 2017, alleging claims for property damage, personal injuries, physical pain, mental anguish, physical impairment, and medical expenses. The plaintiff also claimed the insurer violated the Prompt Payment of Claims Act, the Unfair Settlement Act, and breached its duty of good faith and fair dealing. The defendant insurer denied the allegations, arguing that the policy contained conditions and exclusions, and that the plaintiff had not fulfilled a policy condition requiring judicial determination of legal entitlement to recover damages from an uninsured motor vehicle. The court granted the defendant's motion to abate the bad faith and statutory claims until the uninsured motorist claim was resolved.

On March 27, 2019, a jury returned a verdict in favor of the plaintiff. A final judgment was entered on April 18, 2019, against Allstate Fire and Casualty Insurance Company for a total of $23,089.98. The award included damages for past and future medical expenses, physical pain, and physical impairment, along with prejudgment interest, less a credit for Personal Injury Protection payment.