Texas Jury Awards $28,580 in Uninsured Motorist Dispute

In Texas, a motor vehicle collision occurred on June 4, 2012, when another driver crossed two lanes of traffic and struck the plaintiff's vehicle. The plaintiff sustained severe injuries, including disc herniations, ongoing pain, and a permanent limp, incurring $23,000 in medical expenses by the time of trial. Initially, the negligent driver's insurance company denied the plaintiff's claim, stating the driver was not covered under the vehicle owner's policy.

The plaintiff then filed a claim under the Uninsured/Underinsured Motorist (UIM) coverage of her own insurance policy, which offered up to $30,000 for damages and had a $2,500 personal injury limit. The defendant insurer paid the $2,500 limit but refused further settlement, citing a subrogation clause. The plaintiff alleged the defendant misquoted the clause, breached the insurance contract, and violated the Texas Deceptive Trade Practices Act by wrongfully withholding funds. The defendant denied these claims, asserting the plaintiff had not fulfilled UIM conditions and was due no further damages, emphasizing its right to offsets under the policy.

After further investigation, the plaintiff discovered the negligent driver was, in fact, covered by the vehicle owner's policy, which subsequently paid the plaintiff its $30,000 policy limit. The defendant insurer then withheld these funds, again citing its interpretation of the subrogation clause. At trial, the plaintiff presented medical records, while the defendant offered correspondence and the original policy, arguing the plaintiff had accepted a prior $28,200 payment as full settlement. A jury found in favor of the plaintiff, awarding $28,580.30, which included pre-judgment interest, but did not award damages for future medical bills or pain and suffering.