In March 2008, State Farm issued an automobile insurance policy to a Washington County, Pennsylvania woman that contained "underinsured motorist coverage" and in return, the woman paid increased premiums to State Farm. Underinsured motorist coverage is car insurance that a person buys to protect herself in the event she is injured in a car crash and the at-fault driver does not have enough insurance to compensate the injured person for the injuries she sustained in the crash.

 

In April 2008, the woman was rear-ended by a vehicle that did not have enough car insurance to compensate the woman for her injuries, which included low back pain leading to a lumbar fusion surgery with the insertion of 5 screws to hold her spine in place. So in accordance with her own insurance policy, the woman made a claim to State Farm for her underinsured motorist benefits in January 2010.

 

In 2012, State Farm hired a law firm to fight the woman's underinsured motorist claim. In 2013, State Farm forced the woman to file a lawsuit to recover her underinsured motorist benefits.

 

In 2014, State Farm hired a doctor, who specializes in hand/shoulder/wrist/elbow surgery (not low back surgery) to examine the woman and write State Farm a favorable report for its defense against the woman's underinsured motorist claim. In 2015, State Farm hired a second doctor to examine the woman and write State Farm another favorable report to fight the woman's claim.

 

More than 5 years after State Farm was notified of the woman's underinsured motorist claim, the case came before a jury in the Washington County Court of Common Pleas.

 

On November 5, 2015, the jury rendered its verdict in favor of the woman and against State Farm. Because the jury's monetary verdict exceeded the amount of State Farm's offer to settle the case, State Farm was required to pay the monetary verdict along with delay damages and court costs for making the woman go through the legal process to obtain the underinsured motorist benefits she paid for and was entitled to receive.

 

I was fortunate enough to serve as lead counsel for this woman.

 

My client paid State Farm for underinsured motorist coverage and in return, State Farm went out and hired a lawyer and 2 doctors to fight her claim. The jury - the voice of our community - got it right by telling State Farm to pay the woman a fair and adequate amount of compensation for her injuries in accordance with her underinsured motorist coverage.

 

With many drivers either not purchasing insurance or purchasing state minimum insurance policies these days, it is a good idea to purchase uninsured/underinsured motorist coverage to protect yourself in the event you are injured in a car crash and the other driver who causes the crash does not have adequate insurance to cover your injuries. This additional protection will cost you a little more money each month, but it is worth it when injuries or death result from a car crash caused by an at-fault driver who has minimum car insurance or none at all.