Overview

Our client suffered a brain injury and severe orthopaedic injuries after a young driver crossed the centre line and caused a head-on collision. Following months of rehabilitation, she returned home but required significant home modifications because of her disability. After disputes with her auto insurer over accident benefits and catastrophic impairment status, the case resolved for more than $1.5 million.

Key Takeaways

  • Settlement: More than $1.5 million
  • Accident type: Head-on motor vehicle collision
  • Primary injury: Brain injury
  • Additional injuries: Severe orthopaedic injuries
  • Resolution method: Settlement
  • Notable legal issues: Dispute over catastrophic impairment designation, denial of home modification benefits, delayed accident benefits, bad faith claim against the auto insurer
  • Medical treatment: Months of rehabilitation
  • Long-term impact: Disability requiring significant home modifications

The Case

Our client was seriously injured when a young driver crossed the centre line and struck her vehicle head-on. The collision caused a brain injury and severe orthopaedic injuries that required many months of rehabilitation before she was able to return home.

Although she was able to return to her residence, her injuries left her requiring significant home modifications to accommodate her disability. Her auto insurer refused to pay for those modifications and did not acknowledge that she had sustained a catastrophic impairment. The insurer also ignored her requests for payment of accident benefits for many months.

As a result of the insurer’s handling of the claim, our client commenced a bad faith claim against her own auto insurer. The insurer ultimately agreed that she had sustained a catastrophic impairment, and the case was resolved for more than $1.5 million.

Why It Matters

This case highlights the significant challenges that can arise after a serious motor vehicle collision, particularly when an injured person’s need for accident benefits and home modifications is disputed.

It also demonstrates that catastrophic impairment status and accident benefits can become central issues in cases involving severe, life-altering injuries.