Uninsured And Underinsured Motorists Case Summaries

The following case summaries are uninsured and underinsured motorists’ cases we have personally handled and litigated. They are provided for illustrative and informational purposes only, and are not meant to offer legal advice or to take the place of consultation with a qualified attorney with the requisite expertise and experience in these matters. These cases are only a sampling of the actual cases we have handled. While some cases may be similar, each case involves unique parties and specific facts, and the application of those facts to the controlling law may differ significantly depending upon the circumstances. No results or outcomes can be guaranteed in any case.

James C. and Melissa A.

James C. and Melissa A. were injured in Pike County, Kentucky, when an uninsured driver of a Dodge Ram truck struck their car knocking them underneath a stopped tractor-trailer. The accident report estimated the speed of the uninsured truck at 65 miles per hour with no skid marks prior to impact. The at-fault driver of the truck was also charged with being under the influence of alcohol/drugs, second offense, driving on a suspended license, driving without insurance and not having registration plates. Fortunately, James C. and Melissa A. were covered by their own Kentucky Farm Bureau uninsured insurance policy that had coverage in the amount of $25,000/$50,000 in uninsured motorist coverage. James C. suffered head and neck pain and required physical and aquatic therapy. He incurred medical bills of approximately $7,000. Melissa A. suffered injuries to her head, lower back and right thigh. In all, she sustained medical bills of approximately $18,866. Both James C. and Melissa A. were able to recover the full amount of their uninsured motorist coverage with Kentucky Farm Bureau without filing a lawsuit in Pike County, Kentucky.

Sandra R.

On May 23, 2014, Sandra R. was traveling on Dixie Highway. She stopped between Argonne Avenue and Garey Lane and was waiting to turn left when a vehicle crashed into the rear of her vehicle. The following day she presented to University of Louisville Hospital emergency department with complaints of overall soreness, neck pain and hip pain. She was admitted to the trauma unit and kept overnight where she received an X-ray of her left shoulder and CT scans of her head, chest, abdomen, pelvis, lumbar, thoracic and cervical spine. The CT scan of her pelvis revealed a trace wisp of free fluid in the dependent right hemipelvis. She was advised to follow up in a few weeks, but returned the next day due to severe abdominal pain, bilateral leg pain and nausea. Due to worsening pain, Sandra followed-up with Injury Care Center five days later with complaints of constant pain, soreness and stiffness in her neck, headaches, moderate thoracolumbar pain, soreness and stiffness, right shoulder pain, constant low-back pain as well as numbness and tingling in both legs. She was instructed to immediately begin daily chiropractic therapy and was prescribed Zanaflex to treat her muscle spasms, Norco for pain relief, Medrol Dose Pak and a back brace. On August 12, 2014, Sandra received an MRI of her lumbar spine, which revealed a mild left convex scoliotic curve and severe disc bulging. As a result of this crash, she sustained medical expenses totaling $41,209.67. Ultimately a demand was filed against Geico auto insurance requesting the policy limits for a total settlement of all claims against the negligent driver and was settled soon after, avoiding litigation.