Posted by Gary Burger on February 23, 2018 in Truck Accidents
Our client, Mack, stopped at a deli on the Hill to grab lunch and after he parked and got out of his truck, realized he left his keys inside the truck. Mack reached into his car and another car crashed into his open door.
The streets are narrow in the Hill – especially at lunch as cars park on both sides of the street. The defendant had several stories including that Mack opened his door into her and it was his fault. The police came and she apologized to Mack.
Mack’s Police Report noted that the defendant was at fault. But the defendant called the police afterwards and added an addendum to the report that Mack suddenly opened his door and hit her car.
At first, Mack’s insurance company denied liability and found him to be 100% at fault.
The defendant bent Mack’s door while he was holding it and pulled his shoulder. She was speeding. Mack tore his rotator cuff when this happened and required surgery, and some physical therapy. We then made a policy limit demand and the insurance company refused to make an offer on the case until after Mack’s deposition.
Mack did a great job at his deposition and we prepared him well (we work hard to have our clients ready to advocate for their case in their depositions).
A few days after Mack’s deposition, the insurance company offered the full policy limits of $100,000. Mack went back to work just four days after his shoulder surgery, with his arm in a sling, because he wanted to be back at work.
Here are a few pictures from the case. Look at how narrow the street is that defendant was speeding through.
We are happy to have gotten Mack such a great result although he is still litigation – he received his health insurance through work and was self-insured. The health insurance company denied his health insurance coverage claiming they did not have to pay if a third party was at fault.
Also, Mack did not file a workers’ compensation claim because he wanted to only pursue civil claims.
Mack has begun a new job, but we will not stop fighting until Mack’s medical bills are paid for by his health insurance or by his former company’s worker’s compensation insurance.
We will fight for clients like Mack to get them full compensation.