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Jason, a 32-year-old construction superintendent, was struck by a drunk driver while making a left turn in Oceanside. The drunk driver, who had no insurance, blew through the red light and was driving over 50 MPH. Both cars were towed.
Jason got chiropractic care and did everything he could do to avoid surgery. Jason was diagnosed with:
- Back herniations,
- Hip labral tear, and
- Shoulder impingement.
After a year of care, Jason was forced to get a L5-S1 lumber discectomy and fusion surgery—his last resort.
Jason’s UM insurance company blamed Jason and said he should have made a worker’s compensation claim. Jason fought back and successfully argued that he was driving home after work.
Next Jason’s UM insurance company claimed that the hip and neck injuries were exaggerated and that Jason made an excellent recovery following his back surgery. They offered $100,000. Jason demanded policy limits of $985,000. Neither side budged. The case was arbitrated by the Honorable Herbert B. Hoffman.
The Judge awarded Jason $741,987 -- a full $641,987 more than what was offered by Jason's UM carrier.
San Diego Superior Court.
Practice Tips
- No one likes Drunk Drivers.
- Blaming the victim in a big accident usually doesn’t make sense.
- Surgery is not usually an exaggerated claim.
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