On April 12, 2016, our client, an 85-year old retired speech therapist, was driving on Telegraph Avenue in Oakland, California. Suddenly and without warning, a young woman crossed her vehicle across two lanes of traffic and slammed into the front passenger side of our client’s car, causing over $10,000 worth of property damage. The young woman had just exited a fast food establishment that had a right turn only traffic control sign. No one knows why she ignored this sign or where she was going when she ran directly into our client.
Our client underwent neck surgery because of injuries suffered in this car accident. She had no neck problems before the collision caused by the young woman. Since she had health insurance, our client simply wanted the young woman’s insurance to pay the property damage for her totaled vehicle. The insurance company refused, though, and claimed our client was partially at fault. The insurance company failed to give any reason for this conclusion.
Thorough Investigation & Casework Leads to a Great Recovery
At this point, our client sought legal counsel with Attorney Michele Kennedy. Ms. Kennedy visited the scene of the accident and performed a preliminary reconstruction of the accident, reviewed the medical records, hired a well-known medical expert from the University of California, San Francisco medical school, and presented her demand for the policy limit to the young woman’s insurance.
Perhaps in an unspoken admission of guilt, the insurance company immediately paid its policy limit of $100,000. However, this amount was well below the damages to our client. Ms. Kennedy pressed the matter by demanding the policy limit of our client’s insurance carrier under our clients Underinsured Motorist Coverage (UIM). With Ms. Kennedy’s insistence and thorough casework, the policy limit of $500,000 was soon secured and paid.
We are pleased to be able to say that our client is very satisfied with the result. She was surprised that the young woman’s insurance company would refuse to pay for her property damage and that it was necessary to hire an attorney to get a fair result. Yet, this is often the norm in car accident cases involving extensive damage and harm.
If you are injured by someone who has no insurance coverage, you will file a claim for uninsured motorist coverage (UM) with your insurance company. If you are injured by someone who has insurance coverage less than the number of your damages, you may be able to recover the insurance policy limit from the negligent party’s insurance company, and additional money from your own insurance company if you purchased Underinsured Motorist Coverage like our client.
If you, a family member, a close friend, or even an acquaintance have been seriously injured in any kind of car accident – whether the negligent driver is an individual or a business employee driving either a company vehicle or a private car – please contact our Monterey personal injury law office for a free consultation. We accept serious injury and wrongful death cases on a contingency basis, which means we do not get paid unless we recover a verdict or settlement amount for our client. Call (831) 373-3278 today to learn more about our services and your options.