Houston Jury Awards $89,000 in UIM Rear-End Collision

A plaintiff filed a lawsuit following a rear-end motor vehicle collision that resulted in neck and brain injuries. The case concluded with an award of $106,000. This amount was subsequently adjusted to $96,000. Few other details about the proceedings were available.

A motor vehicle collision occurred in Colorado, involving a vehicle operated by the plaintiff and another driver. The plaintiff alleged that the incident resulted in serious and permanent personal injuries, including neck and shoulder injuries, a concussion, and head trauma. After settling claims with the other driver, the plaintiff sought underinsured motorist benefits from the defendant insurer, with whom the plaintiff held a policy for $100,000. The plaintiff alleged the insurer refused to pay the benefits. Subsequently, the plaintiff filed a breach of contract action against the defendant insurer in the District Court 20th Judicial District, Boulder County, Colorado. The plaintiff demanded judgment for damages, litigation costs, and prejudgment interest. The defendant insurer denied the allegations and asserted affirmative defenses, including comparative negligence, failure to state a claim, and failure to cooperate with policy conditions. The parties later notified the court that they had resolved all claims. Following a notice of settlement and stipulation for dismissal, the court dismissed the action with prejudice, with each party bearing its own costs.

On May 26, 2004, a plaintiff was a passenger in an automobile that was rear-ended near the intersection of Bedford Avenue and De Kalb Avenue in Brooklyn. The plaintiff's vehicle was preparing to make a U-turn when the collision occurred. The plaintiff subsequently filed a lawsuit, alleging the driver of the striking vehicle was negligent and the vehicle owner was vicariously liable. The defendants conceded liability, and the case proceeded to trial solely on the issue of damages. The plaintiff claimed to have sustained a herniated disc at C5-6, seeking medical treatment 21 days after the incident. Treatment included chiropractic care, acupuncture, massage therapy, and hot and cold packs over several months. The plaintiff reported missing two days of work and alleged permanent neck pain, decreased range of motion, and episodes of immobility, asserting an inability to engage in activities such as dancing, playing basketball, or wearing high heels. A family medicine physician testified on the plaintiff's behalf. The defendants argued that any injuries sustained by the plaintiff resolved within 90 days of the accident, with the decreased range of motion improving within three months. A radiologist testified for the defense, stating that the plaintiff's MRIs were normal and indicated no injury. Prior to the verdict, the parties agreed to cap any damages award at $25,000, which represented the policy limits. The plaintiff had also settled a claim with the driver of the vehicle in which she was a passenger for $3,500. Following the trial, a jury awarded the plaintiff $30,000, including $10,000 for past pain and suffering and $20,000 for future pain and suffering. The final recovery was then reduced to the agreed-upon $25,000 cap.

A vehicle collision occurred in May 2008 on Stony Brook when a teenager, pulling from a private drive, struck a childcare worker's vehicle. The childcare worker sustained soft-tissue neck pain and was transported to the emergency room. Liability for the collision was later established by summary judgment. The injured worker subsequently filed a lawsuit in Louisville, seeking damages for medical bills, lost wages, impairment, and pain and suffering. The plaintiff's case was complicated by involvement in a second crash a month later, though injuries were distinguished. The defendant disputed the claimed injuries, citing credibility, lack of objective proof, and a "threshold" defense. The jury found the plaintiff met the medical expense threshold but did not sustain a permanent injury. Ultimately, the jury awarded the plaintiff $8,184 for medical expenses but $0 for lost wages, impairment, and pain and suffering, resulting in a total verdict of $8,184. A judgment consistent with this verdict was entered. The plaintiff later moved for a new trial, arguing the verdict was inadequate. The defendant countered, citing credibility issues. The motion was pending as of June 2016.

A plaintiff alleged she was injured when her vehicle was rear-ended in traffic, subsequently pushing it into a third car. After settling with the at-fault driver for $25,000, which represented the policy limit, she sought underinsured motorist (UIM) coverage from her insurer, State Farm Mutual Automobile Insurance Company, claiming her damages exceeded that amount. State Farm denied the UIM benefits. The plaintiff, joined by her husband for a loss of consortium claim, filed suit in the Colorado First Judicial District for the County of Jefferson. The complaint alleged breach of contract, bad faith breach of insurance contract, and violations of Colorado statutes. State Farm asserted affirmative defenses, including failure to mitigate damages. Following a jury trial, the jury rendered a verdict for State Farm. It found the plaintiff failed to cooperate with State Farm's investigation, that these actions were material, substantial, and disadvantaged the insurer, and that she intentionally misrepresented material facts. The court entered judgment for State Farm. The parties later stipulated to dismiss the case with prejudice, with State Farm waiving costs in exchange for the plaintiff's waiver of appellate rights. The court granted the dismissal.