Low $14,137 Insurance Offer Results in $78,036 Award
The first offer from your insurance company is often way too low. We can help you get the most out of your case.
A 67-year-old woman was rear-ended at the intersection of North 40th Avenue and Englewood in Yakima on May 23, 2021. She had her right hand on the steering wheel. The force of the collision slammed the woman back and forth, however, it caused minimal damage to her vehicle.
The woman experienced neck and right shoulder pain. She sought treatment from her primary physician who prescribed medication. Unfortunately, approximately one week after her injury she dropped a mallet on her right forearm while doing a home improvement project.
When the woman’s neck and right shoulder pain increased and began to limit her activity level, her physician referred her to specialists. Imaging reflected that she had underlying degenerative changes in her neck and shoulder. She received physical therapy and an epidural steroid injection in her cervical spine.
We collected the medical records and bills. We also arranged for payment of the medical bills by her own Personal Injury Protection (PIP) coverage and by her health insurer. A review of her medical records by an orthopedic surgeon concluded the neck and right shoulder symptoms were due to the collision. The underlying degenerative changes in her neck and shoulder just made her more susceptible to injury in the collision. The mallet injury to her forearm was ruled out as having caused any of her ongoing symptoms.
After her condition stabilized, we started settlement negotiations with the at-fault driver’s insurance company. The carrier made an offer of only $14,137, citing the minimal property damage and the mallet injury. We rejected this offer and filed suit.
The woman’s case was put into mandatory arbitration, which is a process that avoids an expensive jury trial. Instead, a lawyer is appointed as an arbitrator to decide the case and an expedited hearing is held. There are different rules for arbitration, and it is unnecessary for the parties to go to the expense of having medical experts testify at a trial. Instead, their medical records and reports are admissible.
The insurance company’s lawyer denied liability for the collision. After arranging to take the deposition of the defendant, the attorney representing the defense relented and agreed to admit fault.
The woman’s case was carefully prepared for arbitration. We prepared a detailed notebook about the woman’s injuries, and prepared our client for testimony at the arbitration. After the hearing, the arbitrator awarded our client $77,036.65 for her injuries.
The defendant attempted to avoid payment of the award by appealing it to a jury trial. We prepared the woman’s case for a jury trial. Part of our preparation included asking the court to award all of her medical bills through a process called summary judgment. This process involved going to the judge prior to the actual trial and arguing that there were no issues regarding the woman’s $22,000 in medical expenses. The judge granted our request. The insurance company finally relented and made an offer of $78,036.65. This included the arbitrator’s award as well as some of the costs incurred in the litigation process by the plaintiff. We accepted and the case settled.
Insurance companies sometimes test attorneys to see if they are willing to put in the work required by litigation. Abeyta Nelson prides itself in pursuing claims through litigation if they cannot obtain a fair settlement offer. In this case, the insurance company made an offer of only $14,137. By pursuing the case through litigation, we got our client a settlement more than five times the offer. When choosing an attorney to handle your case, it is always important to determine whether or not they are willing to go through the extra work of litigating your claim if the insurance company fails to make a fair offer. We are. Call us and we’ll talk.
-blog written by attorney Rodney K. Nelson