{"id":5338,"date":"2010-06-08T10:47:50","date_gmt":"2010-06-08T17:47:50","guid":{"rendered":"http:\/\/www.aitkenlaw.com\/news\/?p=422"},"modified":"2010-06-08T10:47:50","modified_gmt":"2010-06-08T17:47:50","slug":"uim-policy","status":"publish","type":"post","link":"https:\/\/www.aitkenlaw.com\/newsite\/2010\/06\/08\/uim-policy\/","title":{"rendered":"$350,000: UIM Policy Helps Plaintiff Get Full Recovery After Auto Accident"},"content":{"rendered":"

CASE DESCRIPTION:<\/strong> The auto accident occurred on September 17, 1988 at approximately 7:30 a.m. wherein underinsured defendant, James B. failed to yield to Plaintiff”s approaching vehicle thereby colliding with Plaintiff.<\/p>\n

RESULT: $350,000.00 total settlement<\/strong><\/p>\n

Defendant was underinsured and his $15,000 policy limits were immediately tendered. At that point, Plaintiff”s $100,000 primary underinsured motorist policy with State Farm became exposed and State Farm tendered another $85,000 to exhaust the primary policy limits.<\/p>\n

Fortunately, the plaintiff also had an umbrella underinsured motorist policy with a limit of $1 million with State Farm, which was now exposed. State Farm then offered $141,250.00 additional (“new”) money to settle the matter. Plaintiff counter-demanded for $290,000.00 “new” money (or $390,000.00 total.) State Farm then obtained additional authority, and offered $230,000 “new” money (or $330,000.00 total.) Plaintiff countered at $260,000 “new” money (or $360,000.00 total.) State Farm then offered $250,000 “new” money (or $350,000.00 total), which Plaintiff accepted to settle the case.<\/p>\n

TYPE OF CASE:<\/strong> Personal Injury<\/p>\n

INJURIES:<\/strong> Plaintiff”s injuries were both severe and numerous: a double cranial concussion; a bruised and swollen heart resulting from impact with the vehicle”s steering wheel; a fractured to the left orbital socket, third nerve palsy and damage to the left eye resulting in double vision and a sluggish left eye; a torn\/punctured eardrum in the right ear and permanent damage to the inner ear resulting in a dizziness\/balance problem known as “labyrinthitis” as well as a thinned eardrum and high frequency hearing loss; a right sided fracture of the jaw and visibly noticeable shifting of the chin to the right of where it used to be; a broken tooth and shifting of several teeth; several severe lacerations requiring stitches in the chin, skull and left leg; two sprained wrists; a dislocated left ankle; pain in the left shoulder; a non-displaced fracture of the left first rib.<\/p>\n

DATE & LOCATION OF INCIDENT: <\/strong>On 9\/17\/88 at 7:13 a.m on Kraemer Blvd., Placentia, CA.<\/p>\n

PLAINTIFF\u2019S AGE:<\/strong> 46 at time of the incident<\/p>\n

OCCUPATION:<\/strong> Day Care Operator<\/p>\n

PLAINTIFF\u2019S ATTORNEY:
\n<\/strong>Richard A. Cohn, Esq.
\nAITKEN * AITKEN * COHN
\nFor Plaintiff – Georgia A.<\/em><\/p>\n

DEFENDANT\u2019S ATTORNEY:
\n<\/strong>STATE FARM FIRE & CAUSALTY CO.
\nFor Defendant – James B.<\/em><\/p>\n

PLAINTIFF’S UNDERINSURED MOTORIST INSURANCE CARRIER: <\/strong>State Farm Fire & Casualty Co.<\/p>\n","protected":false},"excerpt":{"rendered":"

CASE DESCRIPTION: The auto accident occurred on September 17, 1988 at approximately 7:30 a.m. wherein underinsured defendant, James B. failed to yield to Plaintiff”s approaching vehicle thereby colliding with Plaintiff. RESULT: $350,000.00 total settlement Defendant was underinsured and his $15,000 policy limits were immediately tendered. At that point, Plaintiff”s $100,000 primary underinsured motorist policy with State… read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[32],"tags":[826],"class_list":["post-5338","post","type-post","status-publish","format-standard","hentry","category-verdicts-settlements","tag-vehicular-accidents"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.aitkenlaw.com\/newsite\/wp-json\/wp\/v2\/posts\/5338","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.aitkenlaw.com\/newsite\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.aitkenlaw.com\/newsite\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.aitkenlaw.com\/newsite\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.aitkenlaw.com\/newsite\/wp-json\/wp\/v2\/comments?post=5338"}],"version-history":[{"count":0,"href":"https:\/\/www.aitkenlaw.com\/newsite\/wp-json\/wp\/v2\/posts\/5338\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.aitkenlaw.com\/newsite\/wp-json\/wp\/v2\/media?parent=5338"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.aitkenlaw.com\/newsite\/wp-json\/wp\/v2\/categories?post=5338"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.aitkenlaw.com\/newsite\/wp-json\/wp\/v2\/tags?post=5338"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}