Last June, a woman from Hollywood, Florida successfully filed a lawsuit
against Allstate Insurance for unpaid medical expenses. This
car accident case went to trial where a jury eventually agreed to award the plaintiff
$1.29 million to cover her medical bills.
The plaintiff, 56, possessed a UM/UIM policy that provided coverage in
the event that she was hit by an uninsured or underinsured driver. The
coverage limit in the plaintiff's policy was $1.25 million.
The plaintiff was hit by a 19-year-old driver who ran a stop sign. The
driver hit the plaintiff's driver side door which caused her vehicle
to roll over and knock her unconscious. The victim sustained two ruptured
lumbar discs as well as various other neck, back and head injuries.
The at-fault driver only possessed liability coverage up to $10,000 which
was not enough to cover the cost of the victim's medical expenses
(which totaled $300,000), according to the lawsuit. When an at-fault driver
does not have enough coverage to compensate the victim, the at-fault driver
is considered "underinsured." Thankfully, the plaintiff possessed
an underinsured motorist (UIM) policy.
The cause for legal action arose after the plaintiff's own insurance
company, Allstate Insurance, denied her coverage under her $1.25 million
UIM policy. Reportedly, Allstate refused to provide their policyholder
(the plaintiff) with compensation under her policy because they believed
she was inflating the severity of her injuries.
After the jury deliberated, they agreed that there was sufficient evidence
to support the plaintiff's medical claims. $296,337 of the final award
was compensatory damages while $1 million was punitive damages.
This case is a prime example of what insurance companies do far too often.
Without reason, they denied her claim on the basis of "insufficient
evidence." When people are injured in car accidents, they deserve
maximum financial compensation provided for in their insurance policy
and the at-fault driver's policy.
If your insurance company or the at-fault driver's insurance company
is failing to provide you with the financial compensation you deserve
after an accident, you may need an attorney to fight for you and represent
Contact a Clearwater car accident lawyer at Roman & Gaynor today for a free
case evaluation to learn how we could help you.