Partners Scott Murray and Scott Perry recently resolved this claim for $475,000.
Our client, a 13-year-old young girl, was walking home in her neighborhood when the driver of a GMC Yukon SUV struck her while she was crossing the street in the crosswalk. The driver failed to stop at the stop sign, and proceeded to turn left while cutting the corner and driving on the wrong side of the street when he ran over our client who was thrown into the air and landed on the pavement striking her face/head. Below is an image from a surveillance camera that captured the tragic moment.
Our client was initially treated at the hospital and underwent a series of tests. In addition to various cuts, bruises, bone contusions, and abrasions, she was also diagnosed with a concussion (TBI). Throughout the course of her treatment, the most significant issues would ultimately be her TBI and post-traumatic stress. The brain injury and emotional stress resulted in her grades slipping, her inability to continue on the varsity soccer team, and strong concerns about her future.
While our client sought treatment of both her physical injuries and her emotional injuries, we sought to uncover the various layers of insurance coverage. This case presented a potential legal issue with the insurance coverages because the at-fault driver had a gap in his coverages. The driver maintained underlying coverage of $100,000 with a $1,000,000 umbrella policy; however, the umbrella policy required $250,000 of underlying coverage which left a $150,000 gap in coverage.
The umbrella insurance carrier took that position that its coverage would only come into play after $250,000 was paid. The team at Murray Guari did not want to wait on the unlikely possibility of the at-fault driver coming up with $150,000 in cash, so instead sought coverage from our client’s parent’s Underinsured Motorist Coverage (UIM) under the theory that the at-fault driver was in fact underinsured in the amount of the $150,000. Through negotiations and argument supported by case law, the UIM carrier agreed with our assessment of the law and that our client’s damages warranted tender of the $150,000 to make up the insurance gap .
After resolving the underlying coverages, we returned to the Umbrella carrier seeking full compensation for our young client’s life-altering injuries. We provided evidence of our client’s brain injury through objective medical testing and demonstrated the significant effect on her life through testimonial videos of our client and her parents. After nearly two years, the Umbrella carrier agreed to tender an additional $225,000 for a total settlement of $475,000.
With the case resolved, the job for the Murray Guari Team was not done. We then sought Court approval because the case involved a minor. One of the important criteria in seeking court approval is to demonstrate that the settlement was in the best interests of the minor. This was done in part through ensuring that our client’s money would be funded through an annuity. When an annuity is funded correctly, the money in the annuity grows tax-free. Given our client’s young age, this will result in a significant benefit to our client.
While we, our client’s family, and our client wish this tragic event never took place, we are happy that she is continuing to heal and that she will have the funds to help pay for her future medical needs.
