By: Diana Adjadj, Esq.
December 07, 2022
Underinsured motorist case result: mild TBI sustained from Uber/LYFT rear-end collision settles for $365,000 prior to UM/UIM arbitration.
|Injury/Claim||Cause of Action||Initial Defense Offer||Settlement|
|Concussion; head injury; traumatic brain injury; tbi; mTBI; Temporary Paralysis; Dizzy Spells; Vertigo; Loss of Balance; Ear Pain; Hearing Loss; Headaches; Memory Loss; Forgetfulness||· Car Accident|
· Uber Accident
· Lyft Accident
· Rear-end Collision
· Underinsured Motorist Claim
· UM Claim
· UIM Claim
(Fifteen Thousand USD) – Initial offer extended by Defense
(Three Hundred Sixty-Five Thousand USD)
Underinsured motorist coverage is additional coverage that can be purchased as part of an auto-insurance policy. Underinsured motorist coverage, commonly known as UM coverage or UIM coverage, protects a driver in the event s/he is injured in an accident with an at-fault driver who has insurance coverage below the cost of damages. In this instance, the injured party after collecting the insurance policy limits from the underinsured driver may turn to their own auto-insurance carrier and file a claim to recover additional compensation from their own underinsured motorist coverage.
Underinsured Coverage also includes coverage for collisions with uninsured drivers. In a previous article our offices discussed various types of auto insurance coverage and what to do if you were involved in a collision with an uninsured driver.
TBI from rear-end collision Uber Driver UIM Claim / Lyft Driver UIM Claim
Our offices recovered a $365,000.00 (Three-Hundred Sixty-Five Thousand Dollars) pre-arbitration settlement following a rear-end collision. Our client was operating in his capacity as a rideshare driver at the time of the rear-end collision. The at-fault driver was underinsured, carrying minimum policy limits of $15,000.00 (Fifteen Thousand Dollars) when he rear-ended our client. Our client’s injuries and damages greatly exceeded the $15,000.00 in liability coverage, which the other driver paid in full several days following the collision. Upon receipt of the at-fault driver’s insurance coverage, our client, the rideshare driver, demanded coverage under his uninsured/underinsured policy. The rideshare company extended an initial settlement offer of $15,000.00, which our client declined. After prolonged litigation, the rideshare company accepted a settlement offer of $350,000.00 weeks prior to arbitration.
Rideshare Accident: Our client John Doe, a young and health man in his late 30s, was operating in his capacity as a rideshare driver when he was rear-ended by an underinsured driver. Upon impact our client was dazed and confused. There were no objective signs of direct impact to the head as there were no lacerations to the face, bumps to the head or panada eyes; however our client’s immediate symptoms were consistent with those of a concussion.
Similar to a previous TBI case our offices litigated, following the rear-end collision our client experienced head pain, nausea, dizziness and had immediate fatigue. Following the rear-end impact our client headed home where his spouse witnessed her husband in a concussed state, specifically he was illogical and dazed when he was speaking and then went straight to bed where he slept for over twelve hours. Waking up from his sleep was terrifying for our client and his family, who witnessed him in a temporarily paralyzed state. To this day our client experiences dizzy spells and struggles with chronic headaches.
Case Results: $365,000.00 Pre-UM/UIM Arbitration Settlement – Our offices successfully resolved this underinsured motorist claim for $365,000.00 with both the at-fault party and the rideshare company.