Overview

A 54-year-old woman suffered a mild traumatic brain injury and emotional difficulties after losing control of her vehicle while avoiding an unidentified driver who aggressively cut in front of her. A claim was pursued against her own insurer, resulting in a $500,000 settlement for lost income and future care needs.

Key Takeaways

  • Settlement: $500,000
  • Accident type: Motor vehicle collision involving an unidentified driver
  • Primary injury: Mild traumatic brain injury
  • Additional injuries: Cognitive and emotional issues related to the brain injury and trauma of the collision
  • Resolution method: Settlement
  • Notable legal issues: The at-fault driver was never identified, and a claim was pursued against the client’s own insurance company under her policy
  • Medical treatment: Not specified
  • Long-term impact: Lost income and future care needs

The Case

Our client was a 54-year-old woman who worked at a department store. While driving to work on a multi-lane highway, another vehicle aggressively cut in front of her. She steered to the right and avoided hitting the other vehicle but lost control of her own vehicle, which spun off the road and rolled over. The other driver left the scene and was never identified.

Following the collision, our client experienced cognitive and emotional issues caused by a combination of a mild traumatic brain injury and the trauma of the collision.

Because the other driver could not be identified, a claim was pursued against our client’s own insurance company under the provisions of her insurance policy. The claim settled for $500,000, providing compensation for her lost income and money for her future care needs.

Why It Matters

This case highlights how compensation may be pursued under an injured person’s own insurance policy when the negligent driver responsible for a collision cannot be identified.

The settlement also recognized the financial and future care consequences associated with the client’s cognitive and emotional difficulties following the collision.