State Farm pays policy limits of $500,000 following car accident lawsuit
Our client, a 52-year-old retired police officer from Weston, Florida, was rear ended on the exit ramp from I-95 in Palm Beach Gardens, Florida. The accident caused minimal damage to her vehicle, which made the case challenging. She was shaken up in the accident, and a week later went to the doctor complaining of neck and back pain. She had prior back complaints from a 1992 car accident, which resulted in a spinal fusion in her mid-back. She also had years of previous complaints of pain in her neck and lower back.
Rear-end accident results in 2 neck surgeries, 2 back surgeries
After the accident, the complaints of pain in her neck and low back worsened. She began a course of treatment with her orthopedic surgeon, without any relief. She then sought treatment by the surgeon at the University of Miami who had performed her prior surgery. He wanted to remove the rod he had placed in her mid-back previously, but our client was scared to undergo that surgery. She then sought the assistance of another spinal surgeon, who determined that she was in need of surgery.
Despite her fears, our client began a series of surgeries, beginning with a discectomy in her low back. A few weeks later, she underwent a spinal fusion of her neck, with the placement of a plate and screws in her neck. Her back continued to be a problem, so she therefore subsequently underwent a fusion of her spine in her low back, again with the use of hardware to secure her back. After a while, the metal in her neck began to cause discomfort, and so our client underwent a fourth surgery to remove some of the hardware in her neck.
Dell & Schaefer obtains $510,000 in insurance benefits to compensate our client for her injuries
In an effort to obtain compensation, our client hired car accident Attorneys Dell & Schaefer. After undertaking representation of our client, we were able to obtain the $10,000 bodily injury coverage of the driver that hit her. We then pursued a claim against her uninsured motorist insurer, State Farm, in an attempt to get them to pay the maximum car insurance proceeds that she had been paying for over many years. State Farm refused to pay its policy limits.
Due to State Farms failure to tender its policy limits, Dell & Schaefer’s litigation department filed a lawsuit to compel the insurer to pay. State Farm took the position that due to all of our client’s back and neck problems, and the fact that there was minimal damage to the rear of her vehicle, the accident was not he cause of the surgeries. After many depositions and a lengthy mediation, we were able to avoid a trial and get State Farm to pay its maximum policy limits of $500,000.
We were able to get this amount because we were able to stress to State Farm the effect that the injuries had on our client’s life. She was an avid horsewoman that now is unable to enjoy riding and being around horses. Contact Attorneys Dell & Schaefer for a free consultation.
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8 comments
I had the same accident December 14, 2011. I have since had neck discectomy and shoulder surgery. State farm is rejecting my claim, claiming that my injuries were not accident related. I used to have a very active lifestyle. I was always working on my perennials, lawn and garden. I also have two houses that we spend a great amount of time with. I also cleaned office buildings for hours at a time and lived my job. It was a great workout and I loved my bosses. I can no longer do any of my hobbies and I also cannot go to my kids high school sports because I can’t sit in hard seats and simply cannot sit for long. I can’t walk very far due to the straightening of my cervical spine. I am finding it more difficult to travel even the shortest distances because of the bouncing in my vehicle, that causes stress on my cervical spine.
I used to weigh just 130 pounds on my small 5’4″ body and had lots of beautiful muscle. I am now living in my bed and have gained over 70 pounds since December 2011. Not to mention the depression I have gained from losing my happy and healthy lifestyle.
I have had to replace my wardrobe three times to fit my weight gain. I have had to decline going and doing fun things with friends, even as simple as going to their house to sit and visit. I don’t shop at all unless my body has to be there for new and bigger clothing. My husband does all the housekeeping and the jobs that a wife normally takes on. My husband is the most wonderful man and takes care of everything for a family of five, two dogs, two cats and two horses. He also works full time 3rd shift, which as most already know, is an exhausting shift.
I could go on and on. I can’t remember what it is like not to feel pain. I had minimal pain in my back in the past and I had muscular pain in my neck at one point (which state farm is saying that I had a pre existing neck problem). I’m tired of defending myself and I refuse to give up. I pay that state farm well see me as human and consider my situation, but I have lost all trust and faith in my insurance carrier, State Farm.
Do you have any tips for me to take with me to the deposition hearing on November 15th, 2013? Which by the way is opening dat for hunting and my husband is an avid hunter. Speaking of which, I used to be his hunting partner and can no longer hunt.
Alie,
We are sorry to hear about your difficult situation. State Farm will often argue that an injury is pre existing and not caused by your auto accident. If you have a deposition already set then we would assume that you already have a lawyer representing you from a different law firm. Since you are represented you must speak with your lawyer extensively in order to be prepared for your deposition. You must be honest in your depo and do not exaggerate any of your symptoms or limitations.
I was involved in a accident 11/13. At fault party had Gieco, myself state farm. It took 5 days for a agent to contact me after reporting a claim.
By that time Gieco had got my car in a shop and parts ordered. Gieco ran out of money for repairs so my insurance kicked in. My truck was at shop with bad wheel and tire. My adjuster said he would authorize repairs, then the shop would say he only authorized for 2 tires. So I call adjuster back and he said he did investigation and only one axel needed. I took my truck back and drove it for 7 days arguing back and forth. Finally I took it to another shop since we had went back to he said she said, told adjuster let’s see if we have the same problems here. I had 12000 in damages and my truck is 2013, I can’t get them to do frame inspection. My alignment keeps going out. The adjuster was sent a letter from my PIA not to discuss case and he has discussed it with my shop, and another Liberty Mutual adjuster.
Judy,
Please contact us privately and we can discuss your claim with you. You are entitled to have your car repaired to its pre-accident condition. Also if you were injured in this accident, you may be entitled to compensation.
I had a accident April 25 2015. I was hit in the side t_boned, a lady ran the red light, tore my car up. My car had broken wheels axle and bad dents, I also got injured. I gotta have shoulder surgery. I never had any issues before until after accident. State Farm sucks, I am waiting on an offer then trial possibly. The lady who hit me pleaded guilty in court last mouth which was right thing to do but God is my lawyer I know he will kick butt because I have faith in him.
HI Jeff,
Have you hired a lawyer yet? Are you representing yourself? If so, that is a bad idea. Please call us if you’d like to discuss your case.
My story is similar to the 52yr old that got rear-ended. 10/16, i was at a stop light when a woman with two kids in the car rear-ended me. It was hard enough to where I just knew the back of my car was totaled but it wasn’t. I got out and ask the woman was she and her kid that was crying ok. The my car had $1100 worth of damages. Long story short, I wasn’t in any pain at the time of accident even though I had the whip-flash reaction. Two-weeks later, I thought someone had shot me with a shot-gun up close. From that day on, life have not been the same. Can’t do much, miss a lot of time at work. Can’t play basketball, have sex with wife, play with my gran kids, go to the gym, etc… Lost all my muscles. ER said I had (SACROILITIS), which i believe have to be top 3 worst pain a human can have. After appointments, therapy, medication and everything, as of today I’m still not fully recovered. Documented everything from the accident to the surgery that I need, but can’t afford. State farm offered $15K, but that won’t get the job done.
Hi Tyson,
Where did this crash occur? Was the date of the crash October of 2016? Are you planning on having any additional medical procedures in the near future? Do you currently have an attorney representing you in this case? If so, are you going to file a lawsuit? Please feel free to call us should you wish to discuss your claim further.