Allstate Insurance refused to pay full benefits to our client, Susan, injured in a multi-car crash. We took them all the way to court and the jury agreed with us – Susan had paid for coverage in case she was injured by an uninsured driver and she was entitled to it. Her settlement covered medical expenses, lost income, pain and suffering, and attorney’s fees.
Susan C. was anxious to get home. The roads were icing over in Corpus Christi – a rare occurrence – and she’d had to stay late at work. It was about 7:30 p.m. on Feb. 3, 2011, when she entered the on-ramp to the Crosstown Expressway. Suddenly, she was struck from behind, a blow that propelled her car forward. She was t-boned on the passenger side by a second vehicle. A third vehicle clipped her, sending her into a tailspin that landed her smashed up against a concrete retaining wall.
As she sat in her car, shaken and injured, the other vehicles involved in the pile-up left the scene. None identified themselves. Hard to believe, but it happens all the time. More than one-in-ten Texas motorists – 2.6 million altogether – do not carry vehicle insurance. This puts all of us motorists at risk.
The problem is worse for motorcyclists. If a motorcyclist gets struck by a four-wheel vehicle, chances are much greater than the injuries will be much more severe. If the vehicle driver is uninsured or underinsured, the motorcyclists’ insurance has to make up the difference. If the motorcyclist is uninsured or underinsured, the result could be financial ruin.
Fortunately, Susan had bought uninsured motorist coverage through Allstate. The coverage guaranteed that, should Susan be struck by an uninsured motorist, the company would pay at least $30,000 to cover damages.
But Allstate refused to pay. They argued that since the other motorists could not be identified, the company couldn’t be sure that they were uninsured, so they didn’t have to pay.
The Edwards Firm sued Allstate on Susan’s behalf. The case went to trial and the jury sided with Susan. Allstate was ordered to pay not only for Susan’s medical expenses, but for her lost income, pain and suffering, and attorneys’ fees, too.
Please, remember these two things: 1) carry uninsured/underinsured (UM/UIM) motorist coverage, and 2) don’t let your insurance company intimidate you. Hire a lawyer and get the coverage you are entitled to.