Indian River auto accident victim gets compensated from his UM coverage

Author: Attorney Jason Macri

A 38 year-old Laborer from Indian River was injured in an auto accident when he was rear-ended by a 19 year-old woman who was texting at the time of the accident. Our client was sitting still at a red light when he was struck from behind. There was no warning of the oncoming rogue vehicle. Upon impact, our client struck his head on the driver’s side window of the vehicle. He was immediately disoriented. Paramedics arrived on scene and attempted to provide emergency care but quickly became worried about our client because he was not able to recall simple information about himself. He was immediately rushed to the hospital.

Indian River auto accident victim suffers from closed head injury

Emergency room physicians immediately began to evaluate our client and provide emergency care. They too realized that he appeared to be very disoriented. A CT scan of our client’s brain was taken. Our client was diagnosed with a closed head injury with headache and memory trouble. He was later discharged from the hospital with instructions to seek follow-up care with a neurologist. Our client remained at his home for the next three days, unable to work and, at times, unable to think. His wife recommended that he call the attorneys at the Law Office of Dell and Schaefer.

Attorneys Dell and Schaefer make dual auto accident claim

Our lawyers conducted an investigation which revealed that the person who struck our client had only $10,000.00 in bodily injury coverage. Realizing that this amount would not be enough to compensate our client, our lawyers looked for other sources of coverage. We were able to determine that our client purchased Uninsured/Underinsured Motorist (UM) coverage when he purchased his policy. UM coverage is intended to provide the policyholder with bodily injury coverage in the event that the Defendant either does not have liability coverage or has an inadequate amount of liability coverage. Luckily our client purchased this coverage.

Indian river auto accident victim seeks additional medical attention

Several days after the accident, our client noticed that his neck began to hurt as well. He was able to get an appointment with a neurologist who referred him to an orthopedist. The orthopedist ordered an MRI of our client’s cervical spine (neck). The MRI revealed that our client had a disk herniation of his cervical spine. The herniation was causing him some very painful symptoms. The orthopedist recommended a pain relieving injection of his cervical spine. Our client received the injection and noted an almost immediate relief of his pain.

Dell and Schaefer secures Defendant’s policy limits

Though the Defendant was obviously negligent and our client appeared to suffer greatly as a result of the accident, the Defendant’s insurance company refused to tender their $10,000.00 policy limits. They argued that our client’s injuries were to the soft tissue and would resolve on their own. Our attorneys were unwilling to negotiate for any amount less than the policy limits. We immediately began to prepare a lawsuit against the Defendant. Several days before filing suit, our attorneys were able to secure the policy limits for our client.

Dell and Schaefer settles UM claim

After securing the policy limits from the Defendant’s insurance company, our lawyers notified our client’s insurance company that we would be making a claim against them as well. Our client’s insurance company agreed to allow us to accept the Defendant’s policy limits but refused to make any offer to compensate our client further. Our lawyers were unwilling to allow our client to go without compensation. We prepared to file suit against the insurance company. When faced with a potential lawsuit, the insurance company realized that it wouldn’t be worth it for them to defend a lawsuit. They initially made a minor settlement offer. Our lawyers were able to negotiate a UM offer that allowed our client to be compensated for his medical damages, pain and suffering in the past and future as well as inconvenience. Our client was pleased with his settlement and pleased to learn that he could put the entire accident behind him.