Texas Jury Awards $320,000 in UIM Rear-End Collision

A driver filed a claim under an underinsured motorist (UIM) policy after their vehicle was rear-ended by another driver, causing it to flip onto its roof. The underlying defendant driver's insurance paid its $30,000 policy limit. The plaintiff then sought recovery under a $100,000 UIM policy, with liability for the collision not contested.

The plaintiff asserted the accident caused soft-tissue cervical injuries superimposed on pre-existing spinal stenosis, leading to permanent pain and limitations. The plaintiff underwent initial physical therapy, followed by a six-month treatment gap before seeking chiropractic care. A chiropractor concluded the plaintiff would experience permanent pain, limitations, and likely require future cervical surgery. The plaintiff stated an inability to return to work as a welder or engage in physically demanding farm activities.

The UIM carrier maintained that any injuries from the accident had resolved. The defendant highlighted the gap in treatment and contended that an MRI revealed extensive degenerative disc disease, suggesting the plaintiff's issues were not solely accident-related. The plaintiff countered that the initial advice indicated pain would subside, leading to the treatment gap, and argued that previous neck symptoms were essentially asymptomatic despite the degenerative findings.

The UIM carrier offered $15,000 to resolve the claim. A jury subsequently awarded the plaintiff $320,000. Because this award exceeded the initial $30,000 payment from the tortfeasor and the $100,000 UIM policy limit, the UIM carrier was deemed responsible for its full policy coverage of $100,000, after a credit for the prior payment.