$490,000 Settlement – Rear-End Motor Vehicle Crash | Underinsured Motorist Claim

John E. Molinari represented a 63 year old financial advisor who was struck in the rear in a motor vehicle crash in Jamesburg, New Jersey.  Plaintiff had a long history of shoulder and neck pain that included prior treatment.  Plaintiff aggravated both injuries in this crash and after an extended period of conservative care underwent surgery to initially correct the cervical issue and then went on to undergo shoulder surgery.  The rear ending tortfeasor had $100,000.00 of coverage that was offered approximately two years after the collision and the case proceeded on an underinsured motorist claim against his own automobile insurance carrier.  The available policy limits on that claim were an additional $400,000.00.

After being granted numerous extensions of discovery, the defense carrier’s last discovery extension was denied, and the case proceeded to unsuccessful arbitration.  Ultimately a settlement conference resolved the case for an additional $390,000.00 bringing the total settlement to $490,000.00.  Plaintiff understood that his case was worth the full available $400,000.00 but with the court’s stay of jury trials due to the pandemic, plaintiff decided it would be in his best interest to accept slightly less than the full policy limits.