Overview

A 57-year-old passenger suffered a traumatic brain injury and multiple physical injuries after being ejected from a side-by-side ATV during a rollover. Although the driver did not have motor vehicle liability insurance, damages were recovered through the client’s own automobile insurer, and her tort and accident benefits claims settled at mediation for $1.875 million.

Key Takeaways

  • Settlement: $1,875,000
  • Accident type: Side-by-side ATV rollover
  • Primary injury: Traumatic brain injury
  • Additional injuries: Facial fractures, wrist and arm fractures, forehead laceration, major depressive disorder, post-traumatic stress disorder, mild neurocognitive disorder, chronic pain, and sleep disorder
  • Resolution method: Mediation
  • Notable legal issues: The ATV driver did not have motor vehicle liability insurance; damages were recovered through Uninsured Motorist Coverage under the client’s automobile insurance policy
  • Medical treatment: Facial plastic surgery, two arm surgeries, treatment, and rehabilitation
  • Long-term impact: Unable to return to work and required significant treatment and rehabilitation

The Case

Our client was a 57-year-old passenger in a side-by-side ATV when the driver lost control and rolled the vehicle. She was ejected and suffered a traumatic brain injury, fractures to her face, wrist and arm, and a large laceration to her forehead. Her physical injuries required plastic surgery to her face and two surgeries to her arm.

Following the collision, she experienced major depressive disorder, post-traumatic stress disorder, mild neurocognitive disorder due to her brain injury, chronic pain, and a sleep disorder. The effects of her injuries prevented her from returning to work and resulted in significant treatment and rehabilitation needs.

The driver did not have motor vehicle liability insurance. However, damages were recovered from the client’s own insurer under the Uninsured Motorist Coverage provisions of her automobile insurance policy. Her tort and accident benefits claims were successfully settled at mediation for $1,875,000.

Why It Matters

This case involved both serious physical injuries and lasting psychological and cognitive impairments following an ATV rollover. The effects extended to the client’s ability to work and created substantial ongoing treatment and rehabilitation needs.

The result is also significant because the driver was uninsured. Despite the absence of motor vehicle liability insurance, the client’s damages were recovered under the Uninsured Motorist Coverage provisions of her own automobile insurance policy.