Miami man settles his car crash case for $100,000.00 policy limits

Attorney Jason MacriAuthor: Attorney Jason Macri

A 27 year-old Miami man was forced to file a lawsuit against the driver and owner of a vehicle that lost control on I-95, causing a multi-car crash. The crash occurred at four o’clock in the morning as our client was driving home from his shift working at a Miami night club. The young woman who caused the crash was apparently on her way home from a night of partying with her friends, some of whom were in the vehicle with her. She apparently lost control of her vehicle while traveling at approximately 70 miles per hour. She unfortunately struck our client’s vehicle after losing control of her own, causing a significant impact.

Our client felt fine while on scene and refused medical attention. When he woke up the next morning, he experienced extreme soreness in his shoulder. He sought out a chiropractor who noted his pain complaint and referred him to an orthopedist. The orthopedist ordered an MRI of the shoulder and determined that he had torn his rotator cuff and would require surgery.

Our client endured the shoulder surgery and later noted an improvement in his painful symptoms. Based on our client’s injuries, we demanded the $100,000.00 policy limits from the auto insurance company for both the driver and the owner of the at-fault vehicle. The insurance company refused to tender the policy limits and, instead, made an offer of settlement in an amount significantly less than the limits. Our firm immediately filed lawsuit.

Through litigation, we were able to show that the young driver of the at-fault vehicle was negligent and was the sole cause of the crash. We were also able to show that our client’s shoulder injury was probably caused by the crash, entitling him to compensation under Florida’s car crash laws.

Faced with an expiring proposal for settlement as well as a looming trial date, the insurance company for the at-fault parties decided to tender their $100,000.00 policy limits. This enabled our client to pay any outstanding medical bills and receive compensation for his pain and suffering. It’s another example of how an auto insurance company may be forced to re-evaluate its position regarding the value of a case through a well thought-out litigation strategy.

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