Paoli Law Firm works diligently to uncover all of the insurance coverage available to victims of motor vehicle crashes and will achieve the best possible results for our clients. At Paoli Law Firm, we have a complete understanding of insurance policies and insurance coverage and how those provisions work together with Montana Law.
The main auto coverages available in Montana include:
· Liability
· UM – Uninsured
· UIM – Underinsured
· Medical Payments – Med Pay
· Umbrella
In one case, Paoli Law Firm’s client was struck by a motorist insured by USAA who ran a red light, hitting the passenger side of our client’s vehicle. Our client was insured by Safeco Insurance. The crash caused $3,300 in vehicle damage to plaintiff’s car. Our client was treated in the emergency room at a local hospital and was diagnosed with a neck strain and back strain. Her primary care physician later diagnosed her with chronic pain and cervical whiplash. Her medical treatment from the crash included physical therapy, massage therapy, acupuncture, chiropractic care, and neurological evaluation. She had occipital nerve injections and a cervical steroid injection for her pain. The pain and headaches our client experienced caused her difficulty at work and affected her ability to engage in her normal activities.
USAA initially offered $17,400, to settle our client’s claims. This figure included $12,400 paid for medical expenses and $5,000, new money. However, Paoli Law Firm obtained the USAA policy limits of $25,000 for our client.
Paoli Law Firm then made claims under our client’s Safeco medical payments policy and underinsured (UIM) motorist policy. Safeco offered our client $5,650 from her UIM policy. Safeco argued that her medical records reported diminished symptoms and little pain, her desk job caused her ongoing pain, that there were no objective diagnostic studies supporting her pain, she did not require future medical care and finally, arguing that her medical care was not reasonable or necessary. Safeco also attempted to use references found in plaintiff’s medical records against her, including that she attended a work conference, went on a shopping trip to Seattle and did some gardening. Safeco used this information to argue that our client maintained her lifestyle within a month after the crash. However, Paoli Law Firm disputed Safeco’s arguments and used our experience and knowledge to cite evidence supporting our client’s claims for damages. Paoli Law Firm ultimately obtained a total settlement of $125,000 on behalf of our client, including $100,000 from Safeco Insurance. Paoli Law Firm was also able to achieve a significant reduction totaling $10,000 from our client’s health insurance company as reimbursement for its subrogation claim for the amount it paid for medical expenses related to the crash.
This case emphasizes the need for counsel who understands the details and intricacies of insurance coverage with Montana Law, and who is willing to work diligently and aggressively on behalf of crash victims. Paoli Law Firm’s client’s claim went from an initial offer of $5,000 new money to a total settlement of $135,000. Paoli Law Firm was able to achieve this result on behalf of our client through our knowledge and expertise of the insurance industry and personal injury cases.
Call Paoli Law Firm today to see how we can put our knowledge and expertise to work for you. 406-542-3330
Below are just a few additional settlements and verdicts achieved by Paoli Law Firm for personal injury cases arising from car crashes.
· $1,000,000: Our client was the passenger in a truck when the driver fell asleep at the wheel. Our client was pinned inside the truck after it rolled several times. Our client suffered a 41% whole person impairment rating, including a 25% loss of his higher order “executive functioning” capacities. Paoli Law Firm achieved a $1 million settlement.
· $750,000: Our client was hit by a truck as she crossed a marked crosswalk in Missoula, Montana. The individual who hit her was driving his personal truck, but was in town on business and was on his way to work from the hotel where he stayed the night. As a result of being struck, our client was left blind in one eye. Paoli Law Firm was able to identify several sources of insurance providing coverage, including:
o Chubb Insurance, the insurer of the employer of the individual who struck our client;
o Farmers Insurance, the insurer of the personal truck that struck our client;
o Citizens Insurance, providing Underinsured Motorist (UIM) coverage available under our client’s parents’ policies. Paoli Law Firm was able to successfully argue that the three policies containing UIM coverage should be stacked and that those policies provided coverage to our client.
o Citizens Insurance Medical Payments (Med-Pay) coverage available under the same policy referenced above. Again, Paoli Law Firm was able to successfully obtain coverage under the three policies that existed.
Paoli Law Firm was able to obtain settlements from all of these sources on behalf of our client, resulting in a total settlement of $750,000.
· $530,000: Paoli Law Firm’s client was injured in a collision involving a drunk driver. Our client suffered chest and ankle injuries, nerve damage, a fractured rib, and aggravation of asthma and allergies. Metropolitan Property & Casualty Insurance questioned our client’s injuries throughout the entire claims process. After a hard fought battle, Metropolitan Insurance was held accountable for its refusal to properly evaluate and pay our client’s claim without conducting a reasonable investigation. Paoli Law Firm achieved a verdict on behalf of our client for $280,000 for Metropolitan’s bad faith conduct as well as an additional $250,000 for punitive damages against Metropolitan.
· $510,000: Our client was involved in a collision involving a driver who failed to yield the right of way and crashed into our client’s vehicle. Our client suffered a back injury and mild brain injury resulting in headaches and cognitive dysfunction. Paoli Law Firm achieved a settlement of $460,000 from Allstate Insurance and an additional $50,000 from State Farm for underinsured motorist coverage and our client’s bad faith claims.
· $100,000: Our client was the passenger in a vehicle when it was rear-ended by an individual insured by Trinity Universal Insurance Company. Our client had an extensive pre-existing medical history, including multiple sclerosis, degeneration, ankylosing spondylitis, and a prior motor vehicle injury crash a few weeks before this collision. After the second collision, our client was transported via ambulance to the local hospital for evaluation. She was diagnosed with a chest contusion, and strain of her neck, dorsal, and lumbar spine. Paoli Law Firm diligently represented our client in a hard-fought battle. Paoli Law Firm argued that “any compensation to which plaintiff is entitled should not be reduced simply because plaintiff was more susceptible to injury than a normally healthy person” and that “an injured person is entitled to recover full compensation for all damages that proximately result from a defendant’s tortious act, even if some or all of the injuries might not have occurred but for the plaintiff’s preexisting physical condition, disease, or susceptibility to injury.” In short, Defendants must take our client as they found her–a person whose condition left her susceptible to a severe injury with more chronic pain. Trinity Insurance made an initial offer of $15,000 new money through its local counsel. Ultimately, Paoli Law Firm achieved a $100,000 settlement on behalf of our client.
· $90,000: A mother and her minor son were stopped at a traffic light when they were rear-ended in a low speed impact. Their vehicle was pushed into the vehicle in front of them. Our adult client had a pre-existing condition of multiple sclerosis. As a result of the wreck, our clients received treatment in the emergency room and followed up with chiropractic care. Paoli Law Firm achieved a $65,000 settlement on behalf of the mother and $25,000 on behalf of her minor child.
· $87,000: Our client was stopped at a stop light when she was struck from behind by a motorist insured by Safeco Insurance. The crash resulted in injuries including neck pain and low back pain. An MRI of her cervical spine revealed degenerative changes as well as a small cervical protrusion. She also had a brain MRI to address her headaches and neck pain that revealed white matter brain abnormalities that were determined to be incidental or due to complicated migraines. She attended regular physical therapy, massage therapy, chiropractic care, and acupuncture treatment to address her injuries from the crash. Safeco repeatedly delayed payment of our client’s claims and eventually obtained local defense counsel. Through its attorneys, Safeco submitted discovery requests to our client and requested her to undergo a deposition. Safeco was also adamant that our client undergo an “independent medical examination.” Safeco eventually suggested the parties attend a settlement conference. Safeco made an initial offer of $32,900, including medical expenses, to settle our client’s case. Paoli Law Firm was able to achieve a total settlement on behalf of our client in an amount in excess of $87,000.
· $55,000: Our client was stopped at an intersection behind a car waiting for a pedestrian to cross. An individual insured by State Farm rear-ended our client. Our client was taken by ambulance to the local hospital for evaluation of his neck and low back pain. He was diagnosed with cervical strain. He later began experiencing tingling and numbness in his hands. A cervical MRI revealed two mild disc bulges and degenerative changes. A lumber MRI revealed a disc protrusion. Paoli Law Firm was able to achieve a $55,000 settlement on behalf of our client.
If you have been injured in an automobile accident, call Paoli Law Firm today to see how we can put our knowledge and expertise to work to obtain the best possible resolution of your claim. 406-542-3330
