LOS ANGELES PERSONAL INJURY ATTORNEY OBTAINS TRIAL VERDICT IN CAR ACCIDENT CASE: INSURANCE COMPANY WHICH ACTED IN BAD FAITH IS FORCED TO PAY MORE THAN POLICY LIMITS

Posted On: January 12, 2008 by The Rudman Law Firm, PLC

Our client suffered personal injury in a Los Angeles car accident, when two other negligent drivers collided in an intersection, and one of their cars came crashing into our client's stopped vehicle. She came to our personal injury law firm because the other drivers' insurance companies were acting in bad faith, and wouldn't accept responsibility for the accident. She needed a car accident lawyer who would fight for her to get her compensation for her medical bills, property damage and pain and suffering.

Eventhough our client was not at fault for the accident, the other two drivers' insurance companies didn't want to pay for our client's damages because they were pointing the finger at each other. So we sued both of them.

The car accident happened when our client was stopped for a red light on a street outside Cal State Los Angeles. As she was waiting for the light to turn green, she saw a car from her left speeding straight through the intersection. At the same time an SUV coming from her right was trying to make a left turn onto the street she was on. The car coming from the left broadsided the SUV as it was completing its turn. P1010081.JPG The SUV was redirected towards our client's stopped car and crashed into it head on, pushing our client's car back almost a full car length.

Although our client only suffered soft tissue muscle sprains and strains, her injuries had a big impact on her life. The pain in her shoulder was so bad that it would sometimes cause her to "lock up" and not be able to turn her head to the left or right.

Each of the negligent drivers had a minimal insurance policy with a $15,000 limit. We did an asset search and found that neither of the drivers had significant assets and that we would not be able to collect any more than their insurance policies. We therefore demanded that each insurance company pay their $15,000 within 30 days.

The insurance company for the driver that was speeding straight through the intersection buckled and paid their $15,000 before the 30 days had passed.

The insurance company for the left turning SUV ignored us and so we prepared for trial. As the trial date approached, the SUV's insurance company eventually offered the $15,000, but we said it was too late. It would have to pay more now. (An insurance company has a duty to its insured to act reasonably and settle a case within the policy limits when it has the chance. If it doesn't and at trial a jury gives a verdict for more than the policy limits, the insurance company faces the choice of either paying the full verdict, or risking being sued by its insured for acting in bad faith, and exposing the insured to liability in excess of the policy limits).

The insurance company for the SUV refused to pay more than the $15,000 policy limits and so we went to trial. The defense argued that the driver who we already settled with was solely at fault for the accident and that our client wasn't injured in the accident. We hired an accident reconstruction expert to testify how the accident occurred, a biomechanical expert to testify how the accident caused our client's injuries, and an orthopaedic doctor to testify about our client's injuries and the medical treatment she received.

The jury sided with us and found the SUV driver to be primarily at fault for the accident and our client's injuries.

At the end of the day the SUV's insurance company was forced to pay $67,500 (instead of the $15,000 we originally demanded). Combined with the $15,000 settlement with the first driver, we were able to collect $82,500 on a case that it originally seemed $30,000 was the best we could hope for.