HIT AND RUN COLLISION RESULTING IN SHOULDER SURGERY AND UNINSURED MOTORIST CLAIM

PRE-REPRESENTATION OFFER: $0   –   
PRE-TRIAL SETTLEMENT OFFER: $500   –   
JUDGEMENT FOR PLAINTIFF $50,000 plus costs   –   

Larry J. came to me through referral from another personalinjury attorney that does not litigate claims. Larry was injured whileattempting to merge onto I-70. He was in a merge lane when a passing trucksideswiped his car. The truck did not stop and provide information as requiredby Colorado law. At the time of the collision, Larry was a 77 year old elderlygentleman. The collision caused Larry to have pain and soreness in hisshoulder. He eventually had shoulder surgery to repair a torn rotator cuff. Inthe event of a hit and run collision resulting in injuries, an insured mayclaim personal injuries under the uninsured motorist provision of the policy.His uninsured motorist carrier, the largest insurer in Colorado, denied thatthe hit and run vehicle was at fault and that Larry’s injuries were caused bythe collision.

Since the insurer denied the claim it was necessary to file suit. The claim was extremely hard fought and the insurer employed sharp tactics in an attempt to destroy the claim and humiliate Larry. Larry was a disabled veteran and had difficulty consistently remembering the facts and circumstances of his claim. After years of paying policy premiums the insurer never gave him any benefit of the doubt. All attempts at settlement were unsuccessful and the case went to jury trial in Denver County District Court.

In an underinsured or uninsured motorist claim a person’s settlement or judgment is limited to the amount of the policy. This means that a jury award in excess of the policy limits will be reduced to the amount of the policy. In this case the uninsured/underinsured motorist policy was only $50,000. Costs may still be awarded beyond the policy limits.

PRE-REPRESENTATION OFFER $0

PRE-TRIAL SETTLEMENT OFFER $500

JUDGEMENT FOR PLAINTIFF $50,000 plus costs

In this case the insurance company wasn’t content to accept the jury verdict and appealed. The judgment for Larry was affirmed on appeal. We believed, but could not prove, that the insurance company tactics of taking as much time as possible for the claim and appeal were in hopes of Larry dying before they had to pay any money. Never assume that your insurance company will treat you fairly. They are in business to make money – not to give it away. Unfortunately, making insureds fight for the benefits of their policy happens with alarming frequency. Make certain your lawyer is ready, willing and able to take your claims to trial if necessary. I’m happy to discuss your, your loved one or friend’s injury claim. Providing honest answer to injury victim’s questions is something I do every day. Give me a call at 303-300-5060 or email me [email protected]

The consultation is always free.