Victoria, Texas Jury Awards $30,000 in Red-Light UIM Claim

On November 3, 2011, a passenger was injured in a vehicle collision at an intersection in Victoria, Texas. The passenger's vehicle was making a left turn on a green arrow when it was struck by another car that disregarded a red light. The injured passenger claimed multiple injuries, and the at-fault driver's insurance carrier settled with her for its $30,000 policy limit.

The passenger subsequently filed a lawsuit against her underinsured motorist carrier, Allstate County Mutual Insurance Co., seeking additional benefits. The plaintiff alleged a mild traumatic brain injury and post-traumatic stress disorder, resulting in memory loss, cognitive problems, and difficulty concentrating. She sought damages for past lost earning capacity, past and future physical pain and mental anguish, and past and future physical impairment. A psychiatrist expert for the plaintiff testified that the brain injury and PTSD prevented the plaintiff from finding employment and completing her certified public accountant (CPA) certification.

The defendant stipulated to the at-fault driver's negligence but disputed the extent of the plaintiff's injuries. The defense denied a brain injury, arguing that the plaintiff's migraines were pre-existing and unrelated to the accident, citing an extensive medical history. The defense also questioned whether the plaintiff's counseling was related to the accident, suggesting other life stressors contributed to her psychological state. It further noted gaps in her treatment. The defense argued that $30,000 would be a reasonable award.

Following a one-day trial and two hours of jury deliberation, the jury awarded the plaintiff $90,000. However, the defendant was entitled to a $30,000 credit for the amount paid by the at-fault driver's liability carrier and a $2,500 credit for personal injury protection benefits paid by the defendant. The final judgment amount was expected to be limited to the defendant's $30,000 underinsured motorist policy limit.