San Antonio Jury Awards $50,000 in Rear-End UIM Case

In April 2012, a plaintiff was involved in a rear-end collision at a yield sign in San Antonio, Texas, while driving a compact car. The plaintiff claimed to have sustained back injuries from the incident. After settling with the at-fault driver for the policy limit of $30,000, the plaintiff filed a lawsuit against Allstate Insurance Co., seeking underinsured motorist benefits. Allstate stipulated to the negligence of the at-fault driver, making causation and damages the primary issues at trial.

The plaintiff underwent extensive medical treatment for claimed back, neck, and shoulder pain, including urgent care, chiropractic sessions, physical therapy, pain medication, trigger-point injections, and lumbar epidural steroid injections. An MRI revealed a disc bulge with spinal canal narrowing and spondylosis. An orthopedic surgeon recommended future lumbar surgery, estimated to cost $162,000. While acknowledging a 2014 accident aggravated the disc bulge into a herniation, the plaintiff contended some ongoing pain and impairment remained attributable to the 2012 collision. Plaintiff's counsel highlighted that despite pre-existing scoliosis, no MRI or surgery had been recommended before the 2012 accident.

The defense argued that the plaintiff's complaints were related to pre-existing conditions, including scoliosis and prior chiropractic care, and introduced records from 2007 mentioning another motor vehicle accident. The defense further contended that ongoing issues stemmed from the 2014 accident, not the 2012 event, and emphasized that the surgical recommendation and last treatment occurred several years before the trial.

After a one-day trial and two hours of deliberation, a six-person jury awarded the plaintiff $229,900 for past and future medical costs, pain, anguish, and impairment. This amount was reduced by the $30,000 received from the at-fault driver, resulting in a net award of $199,900. However, the plaintiff's recovery was ultimately limited to the $50,000 underinsured motorist policy limit.