I had one particular case a few years that should have been a simple uninsured motorist (UM) case. My client was a successful professional woman with a proven history of earning significant amounts of money every year. She was driving on the Schuylkill expressway one night when she was hit by another motorist which caused her car to flip over and roll over a couple of times.
The striking vehicle fled the scene and was never identified. This is a classic hit and run accident. These cases are handled through what is known as an uninsured motorist claim. We made a claim against our client's own insurance company.
Our client suffered a mild traumatic brain injury and had cognitive deficits as a result. Those cognitive deficits affected her ability to perform her job duties at the level she was able to do them before she was injured.
It seemed like a straight forward case. All of her treating physicians agreed with the diagnoses and prognosis of the case.
For reasons I don't understand, this woman's insurance company took the position that she really wasn't injured in the accident. They took the position that she did not have a mild traumatic brain injury and that she did not have any cognitive deficits. This became a very protracted and hard fought case. Just before this case was going to arbitration, we were able to settle for $2.7 million dollars.
I still don't understand why the insurance company took the position it took. It just goes to show you that sometimes even the simplest cases with the clearest liability and damages can become difficult if the insurance company digs its heels in and refuses to acknowledge the truth of the matter.
If you were injured in a car, truck or bus accident, talk to the lawyers at White and Williams about your legal rights. We have helped many victims of car accidents in Pennsylvania and New Jersey. Call today for a free consultation @ 877.944.8396.