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(314) 500-HURTGenavieve recently obtained a $244,000 settlement for our client Aaron arising out of a car crash in Caseyville, Illinois. The at-fault driver negligently caused a horrible multi-vehicle collision when he ran a red light at highway speeds at the intersection of Illinois 157 and Petroff Drive. The force of the impact caused the at-fault driver and a second driver’s car to collide with Aaron’s car several times, and Aaron felt four significant impacts. He was violently shaken around in his car in multiple directions, slammed his head on the window and airbags, had his momentum come to a sudden stop as the seatbelt locked, and was also shaken front to back in the car.
As a result of the accident, Aaron sustained a concussion, fractured orbital bone, multiple herniations in his neck with radiculopathy into his left hand, tears to the tendons in his left arm, and a left elbow injury. He went to the emergency room, underwent physical therapy, and pain management. We obtained a surgical consultation where our expert determined Aaron was a candidate for a two-level cervical disk replacement surgery at C5-C6 and C6-C7.
You may be wondering why the case settled for such a random amount ($244,000) and there is a very good explanation. The Allstate insurance policy provided $250k per person/$500k per accident coverage, meaning that no single person could obtain more than $250k, and that $500k is all the coverage available no matter how many claimants there are. We immediately sent a settlement demand packet with the surgical consultation seeking the $250k per person policy limits.
In response, Allstate indicated that Aaron’s case was clearly a limits case, but because there were three claimants (there were two other injured people who were in a separate car that were represented by a different law firm), she could not tender the $250k limits. If there had only been two claimants total, this wouldn’t be an issue, because each claimant could stake a claim to $250k (the per person limit) and nothing more. However, with there being three injured claimants, the $500k per accident total would have to be divided three ways, which essentially meant no one could settle unless everyone settled.
Genavieve asked the adjuster which law firm was representing the other claimants so that she could give them a call and see whether they had sent out settlement demands yet and to get an idea as to how injured they were. She was able to find out that one of the claimants had sent out a settlement demand for $6,000, whereas the other claimant was seriously injured, still treating, and nowhere close to sending out a demand.
Aaron really wanted to settle his case, which he knew was worth the $250k, but unfortunately, it seemed like he would be helplessly stuck waiting for this third person to finish treating and send out their demand before he’d even have a chance to. However, Genavieve got creative and realized that if the one claimant settled his case for $6,000, and if Aaron agreed to take $6,000 less, then there would no longer be a policy limits issue because there would still be $250k available for the third person.
Genavieve discussed various options with Aaron, and he was thrilled at the chance to settle his case for $244k if it meant it would wrap up shortly and avoid litigation. Genavieve and the Allstate adjuster actually teamed up together to make this happen even though the other plaintiff’s firm wanted to drag things out and pursue an interpleader situation. When faced with a seemingly insurmountable delay, Burger Law was able to come up with a creative resolution geared towards their client’s needs.
If you have recently been injured in a car accident in Illinois that was not your fault, the personal injury attorneys of Burger Law can help bring you justice. Let’s discuss your case today. Speak to a lawyer about your situation for free at no obligation. Just call (314) 500-HURT or send us a message today.
Founder | Injury AttorneyGary Burger
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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