Harris County Jury Awards $7,113 in UM/UIM Insurance Dispute

On September 21, 2016, a plaintiff sustained serious bodily injuries in a motor vehicle collision in Harris County, Texas. An unknown driver in a stolen vehicle reportedly caused the accident by failing to yield right of way before fleeing the scene. The plaintiff subsequently sued her insurer, claiming benefits under the uninsured/underinsured motorist provisions of her policy.

The plaintiff alleged the unknown driver was negligent for failures including yielding right of way and maintaining vehicle control. The insurer acknowledged the policy but asserted a general denial, a Limitation of Liability clause, and disputed the plaintiff's entitlement to damages. The insurer also argued medical expense recovery was limited to amounts actually paid or incurred under Section 41.0105 of the Texas Civil Practice and Remedies Code. After unsuccessful mediation, the case proceeded to a jury trial on January 24, 2020.

The jury found for the plaintiff, awarding $2,000 for past pain and mental anguish and $4,254.93 for stipulated past medical expenses, for a total of $6,254.93. No other damages were awarded. Following a brief dismissal and reinstatement, a final judgment was entered on April 3, 2020, ordering the insurer to pay $7,113.24, which included prejudgment interest.