Irving, Texas Jury Awards $48,716.85 in Car Crash UIM Case

In April 2010, a driver was involved in a collision on MacArthur Road in Irving, Texas, when an intoxicated driver ran a red light and struck her vehicle. The at-fault driver was arrested, and the plaintiff sustained multiple injuries, including to her neck, back, hip, leg, and knee. She initially settled with the at-fault driver's liability carrier for the policy limit of $25,000.

The plaintiff then filed a lawsuit against her own carrier, Allstate County Mutual Insurance Co., seeking underinsured motorist benefits. Claims for bad faith and Texas Insurance Code violations were severed from the litigation. While the defendant did not dispute the at-fault driver's negligence, it contested the severity of the plaintiff's claimed damages. The plaintiff presented medical bills totaling $13,716.85 and testified that her injuries caused difficulty walking, job loss, and persistent knee issues. An independent eyewitness, the plaintiff, her treating chiropractor, husband, and a friend provided testimony regarding her injuries and pain. The fact of the at-fault driver's intoxication was not presented at trial.

The defense argued the plaintiff's injuries were less severe than claimed, introducing expert affidavits suggesting that post-emergency room treatment was unreasonable and unnecessary. The defense proposed that the jury award only the ambulance, emergency room, and emergency physician bills, with no award for non-economic damages. The plaintiff sought total damages of $50,000.

After a two-day trial, a jury in Irving awarded the plaintiff $48,716.85. The jury found for the plaintiff on her underinsured motorist claim, largely accepting her claims of injury and related damages. Following the deduction of Allstate's $27,500 credit for liability policy limits and personal injury protection benefits, and the addition of taxable costs and prejudgment interest, the plaintiff's final recovery amounted to $29,125.31.