Date of Accident: 12/11/2015
Age and Sex of Client: 38-year-old Female.
Cause of Injury
My client, Michelle (not real name) was driving her SUV (see above). She was injured when a GEICO insured carelessly failed to stop for traffic ahead.
The other driver crashed into Michelle’s vehicle. The impact propelled her into a bus that was stopped in the road.
The impact was hard. Michelle suffered multiple injuries, which I talk about below.
I Argued GEICO’s insured was 100% At Fault
I argued to GEICO that its insured was wholly responsible for causing the crash. GEICO verbally accepted liability. (However, every settlement release says that liability is denied.)
Officer Cited the Other Driver for the Crash
The officer investigating the scene of the crash cited GEICO’s insured for careless driving. The officer recreated the scene of the crash with the following drawing.
The following photographs were taken at the scene. The next photo shows the rear damage to Michelle’s vehicle after GEICO’s insured rear-ended Michelle’s car.
The photo below was also taken at the scene. It shows the frontal damage to Michelle’s car. Her car was towed from the scene.
I sent GEICO a copy of the towing receipt, and the full police report.
The Accident Was Serious
This was a serious collision. Michelle experienced two hard impacts. The first was when GEICO’s insured hit her car.
The second impact was when Michelle was propelled forward and crashed into the bus.
Michelle Felt Immediate Neck Pain
On the first impact Michelle felt a sharp pain go through her neck as her head snapped forward and back. She experienced neck pain.
2nd Impact Caused Her Face to Hit the Steering Wheel
On the second impact, when she crashed into the bus, she hit her face with the steering wheel. She had pain in her nose.
Michelle Says Her Nose is Deformed
She saw a deformity as it began to bruise and swell. She also had trouble breathing. Michelle decided to rush to the emergency room.
Her Nose Now Looks Fine
She had photos taken of her nose which showed very minor bruising (at best). I took a photo at my office which to me didn’t show a deformity.
Michelle Went to the Emergency Room at a Miami Hospital
Michelle received care at the emergency room of a Miami Hospital. This increased the settlement value of her case.
At the time of her examination she had nose pain, neck pain, shoulder pain and upper back pain.
She also had a headache. Her pain level was noted as a 6 on a scale from 1-10.
Diagnoses was with Head Trauma, Contusions to Her Head/Nose, and Cervical Strain
CT scans of her face, head and spine were ordered to rule out hemorrhage of the brain and fractures. Upon release from the hospital, she was instructed to apply ice to the affected areas, to take Naproxen 500 mg and to follow up with her physician.
Hospital Bills Were $12,340; Mostly Paid by PIP
Shortly after the accident, I sent GEICO the hospital records and bill in the amount of $12,340.00. Most of her hospital bills were paid by her PIP insurance.
I then sent the records and bills to GEICO with our offer to settle package.
GEICO Paid Its $10,000 Limits to Settle the Personal Injury Case
I gave GEICO 20 days to pay its insured’s $10,000 bodily injury (“BI”) liability limits. GEICO paid us the $10,000 within the 20 days.
GEICO sent me a settlement release. I edited it and send it back to GEICO for approval. It took them about 7 days or so to approve it.
I then deposited the check.
Michelle Is Very Happy With the Settlement
Michelle is very happy with the settlement. She was smiling from ear to ear when she came to my office to pick up her check.
She said that the settlement exceeded her expectations, which made myself and my paralegal feel great.
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