$250,000 Settlement for Motor Vehicle Accident / Rear Collision

John Molinari represented a 54-year-old plaintiff driver who was struck in the rear by the defendant driver. The defendant had a $100,000 auto insurance policy which was tendered just prior to trial. The plaintiff proceeded under their $500,000 UIM policy (” Underinsured Motorist coverage “), of which $400,000 remained available. Our client suffered a cervical herniation that was confirmed by MRI. He attempted numerous treatment options, including physical therapy, epidural injections and acupuncture, which were inadequate. Ultimately he underwent a cervical fusion surgery, and suffers from permanent restriction of motion and some pain. The plaintiff made no lost income claims. The defendant denied that the collision caused the cervical hernaition, pointing to a significant history of prior chiropractic treatments, and evidence of a minimal impact. The plaintiff contended that the prior chiropractic treatments were for maintenance only; pointed to the absence of any prior accidents and the need for medical care several hours after the accident; and argued that the need for surgery was caused by the trauma sustained in the collision. The case resolved for $250,000, including the $100,000 policy limit of the defendant driver’s policy and $150,000 from the UIM carrier.