Texas Jury Awards $12,300 in Uninsured Motorist Collision

On February 4, 2016, a motorist traveling eastbound on Little York was involved in a collision when an uninsured motorist ran a red light and struck her vehicle. The injured motorist sustained bodily injuries and property damage. She was covered by an insurance policy issued by Allstate County Mutual Insurance Company, which included underinsured motorist coverage. After attempts to recover from the at-fault driver proved insufficient, the plaintiff informed Allstate of her intent to claim under her policy's underinsured benefits provision.

The plaintiff subsequently filed suit against Allstate County Mutual Insurance Company, alleging breach of contract for failing to pay benefits due under the policy, violations of the Texas Insurance Code, and breach of the duty of good faith and fair dealing.

Allstate County Mutual Insurance Company defended the case by asserting that its liability was limited by the policy's "Limit of Liability" clause and claimed entitlement to a credit or offset from payments made by or on behalf of the uninsured motorist. The insurer also contended that the plaintiff failed to establish damages she was legally entitled to recover and argued that recovery of medical expenses was limited to amounts actually paid or incurred under Texas law.

The case proceeded to trial, and on January 4, 2018, a jury found that the uninsured motorist's negligence caused the collision. The jury awarded the plaintiff $12,500 for past medical care expenses but did not award damages for past or future physical pain or impairment. After applying a $5,000 offset for Personal Injury Protection benefits previously paid, the total net damages awarded to the plaintiff amounted to $7,300. The court entered a final judgment based on the jury's verdict for $12,300 on January 22, 2018, with the plaintiff prevailing.