Uvalde, Texas Jury Awards $73,000 in UIM Dispute

A vehicle collision occurred on February 13, 2013, in Uvalde, Texas. The plaintiff was a passenger in a sedan when an oncoming vehicle attempted a left turn and was struck on its passenger side. The other driver received a citation for failing to yield the right of way. The plaintiff reported multiple injuries to the neck, back, knee, and head, and subsequently settled with the at-fault driver's insurer for $75,000, exhausting a $100,000 liability policy.

The plaintiff then filed a lawsuit against her own insurer, National General Insurance Company, seeking underinsured motorist benefits. She asserted that the incident caused cervical bulging discs, lumbar sprains, a right knee injury, and headaches, leading to emergency room visits, chiropractic care, physical therapy, and arthroscopic knee surgery. The plaintiff sought $40,587.07 for past medical expenses, and projected future costs for knee replacement surgery and continued neck and back therapy.

National General did not contest the other driver's negligence but disputed the causation and extent of the plaintiff's damages. The defense highlighted a significant treatment gap after the knee surgery and pointed to degenerative conditions visible on MRI scans. The insurer also argued the plaintiff was inattentive before the collision, questioning her credibility regarding causation.

Following a one-day trial, a jury deliberated for 2.5 hours and awarded the plaintiff $73,000 for past medical costs, future medical costs, past physical impairment, and past pain and suffering. However, the plaintiff received no additional payment from her underinsured motorist policy. The court applied offsets for the $100,000 already received from the at-fault driver's policy and $2,500 in personal injury protection payments made by National General, resulting in no remaining UIM benefit owed.