Arbitration Awards And Settlements In Uninsured/Underinsured Motorist Accident Cases
For 50 years, the personal injury lawyers at Walkup, Melodia, Kelly & Schoenberger have been protecting the rights and interests of injured people. If you were hit by an uninsured or underinsured motorist, we can help you get the compensation you need for your medical bills and lost wages.
Our vehicle accident attorneys have recovered millions of dollars for people in the Bay Area and throughout California. Below are some representative case studies about UIM/UM claims that we have handled:
Motorcycle Vs. Bicyclist — $4 Million Recovery
Our client in this matter was biking through the Bodega Bay area of Northern California when an uninsured motorcyclist struck him and caused serious injuries. With the motorcycle traveling 70 mph at impact, our client's injuries were considerable, including permanent brachial plexus damage that required multiple surgeries. After thoroughly litigating the case, our uninsured motorist attorneys made a substantial recovery on behalf of our client.
Uninsured Motorist Strikes Teenager — $1.25 Million Settlement (Global Settlement: $3.45 Million)
In this tragic case, our underinsured motorist coverage attorneys negotiated a cash and annuity settlement in the amount of $3.45 million. The injured person was a peninsula high school student who suffered a traumatic brain injury when struck by an uninsured motorist on Highway 280. Our client was traveling under the posted speed limit on the freeway in northern San Mateo County when an uninsured motorist struck her after weaving in and out of traffic. Our client then lost control of her vehicle and collided with the center divider.
Minutes later, while she was stopped against the median, another vehicle, this one an oncoming SUV traveling at 70 mph, struck our client. The second collision caused a severe closed head injury resulting in a 14-day coma. The settlement funds were comprised of not only primary and excess coverage from the SUV driver, but also $1.25 million in uninsured/underinsured coverage that the plaintiff's family had wisely purchased.
Left-Turning SUV Strikes Bicyclist — $1 Million Settlement (Global Settlement: $1.5 Million)
In this SUV-versus-bicycle collision, our client was cycling in the Portola Valley. As he approached an intersection, he had the right of way and intended to ride straight through. Without seeing our client approach, an SUV coming in the opposite direction cut our client off while trying to make a left turn. Without time to maneuver, our client struck the SUV, flew several feet, then struck the ground and suffered serious injuries, including pelvis fractures, a clavicle fracture, several broken ribs and a serious separation of his left shoulder. After making a recovery of $500,000 from the defendant, our underinsured motorist coverage attorneys made an additional $1 million recovery under our client's uninsured/underinsured automobile insurance coverage.
Uninsured Drunk Driver Causes Death Of Father And Husband — $1 Million Settlement (Global Settlement)
In this very sad case, our uninsured motorist attorneys teamed up with another San Francisco law firm in representing a family that lost a husband and father in a collision in Solano County. Driving along notorious State Route 12, very early in the morning, the decedent was struck head on by another driver who crossed into the lane of oncoming traffic. As with many uninsured motorist claims, the recovery was limited by the amount of available insurance. For this reason, we recommend to all of our clients that they maximize their uninsured and underinsured motorist coverage.
Klotzbach Vs. State Farm Insurance — $590,000 Verdict
In this uninsured motorist claim, our clients suffered the loss of their eldest son in a motor vehicle collision. At the time of the collision, the family believed it had more than $1 million in uninsured and underinsured motorist coverage. When a claim was made to State Farm, however, it was rejected on the basis that there was only $30,000 in coverage. Our uninsured and underinsured motorist attorneys handled the case, filing a lawsuit against State Farm on the basis that it had promised sufficient coverage, but then did not provide it. At trial, the jury agreed, deciding that our clients did indeed have more than $1 million in uninsured and underinsured coverage. The final recovery for the family was reduced by the percentage of fault attributable to their lost son.
Vehicle Strikes Pedestrian In Crosswalk — $555,000 Settlement (Global Settlement)
In this vehicle-versus-pedestrian case, our uninsured/underinsured motorist attorneys represented a woman walking home in Berkeley. On a warm, sunny day, she stepped into the crosswalk with the right of way. As she approached the other side of the street, an oncoming driver made a right turn in front of her, striking her and knocking her to the ground. Our attorneys used medical expert evidence and a day-in-the life video to portray the way the injuries changed the client's life, leading to a substantial global recovery.
Wrongful Death Of Motorcyclist — $300,000 Settlement (Global Settlement)
In this tragic case, a husband, wife and their daughter were traveling along Highway 1 near Santa Cruz. The husband was ahead of his wife and daughter, riding his motorcycle. An intoxicated driver crossed the center line and struck the husband, killing him. Our uninsured motorist attorneys were able to make a recovery on behalf of the surviving wife and daughter. As sometimes happens in these cases, the available uninsured motorist coverage was less than the tremendous loss the family suffered in this motorcycle collision.
Uninsured Driver Runs Red Light — $250,000 Settlement (Global Settlement)
In San Jose, our client attempted to pull into an intersection under the protection of a green light. When she got a few feet into the intersection, a car smashed into her from her left. That driver, who obviously ran a red light, caused an aggravation of our client's pre-existing back injuries. After several weeks of pain, she was forced to undergo and recover from back surgery. Because she maintained sufficient uninsured and underinsured motorist coverage, she received full compensation for her injuries.
Car Cuts Off Motorcyclist — $250,000 Settlement (Global Settlement)
Our client, a family man and business owner, was riding his motorcycle when he was struck by a left-turning vehicle. His ear was severed and had to be surgically replaced. The responsible driver had only $50,000 in liability coverage. Our car accident attorneys filed a lawsuit against the negligent driver. At the same time, our attorneys also put our client's insurance carrier, Allstate, on notice of a likely underinsured motorist claim. By the time we settled with the defendant, we had already resolved the medical liens and were able to immediately settle with our client's underinsured motorist carrier.
High-Speed, Rear-End Collision — $180,000 (Global Settlement)
Our uninsured and underinsured motorist attorneys handled this case in which our client was struck in a high-speed, rear-end collision. As a result of the accident, our client suffered trauma to his back, face, chest, neck and arms. After resolving the case with the third-party defendant, our personal injury attorneys completed the client's recovery by making a successful underinsured motorist claim.
Nurse Struck In Crosswalk — $175,000 Settlement (Global Settlement)
Our client, an athletic 35-year-old nurse, was walking from her car to a job interview when she was struck in a crosswalk by a negligent driver, causing a meniscal tear to her knee. Although our client began working several months later, the nursing market had changed and she was unable to secure the type of position she might have gotten if this collision had not occurred. Our pedestrian accident attorneys proved that she was entitled not only to her medical bills and pain and suffering damages, but also lost earning capacity associated with the change in the nursing market.
Intoxicated Driver Strikes Family — $150,000 Settlement (Global Settlement)
In this sad case, our clients were a family driving on a weekend afternoon in the Potrero neighborhood of San Francisco. As they approached a park, an intoxicated driver struck them from behind at great speed, causing injuries to each family member. Because the intoxicated driver lacked sufficient third-party liability insurance, our attorneys made a recovery against our clients' insurance carrier based on their uninsured and underinsured motorist coverage. As often happens, the insurance carrier used many tactics to delay and attempt to deny full payment. Without our attorneys' persistence, appropriate compensation would not have been paid.
Drunk Driver Hits College Student — $117,500 Settlement (Global Settlement)
Our client, a college student, was struck head on by an uninsured drunk driver. The impact fractured his humerus (upper arm) and radial shaft (lower arm). He missed college midterms during his recovery and had to drop some courses. We successfully argued that our client would lose future earnings because his entry into the workforce was delayed by one semester.
Experienced San Francisco Uninsured Motorist Insurance Attorneys
Contact our San Francisco law office if you have questions about your uninsured/underinsured motorist coverage or have been wronged by your insurance company. To arrange a free consultation to discuss your case, call us at 415-906-3764 or contact the Walkup firm online.
Walkup, Melodia, Kelly & Schoenberger handles insurance bad faith cases throughout the Bay Area, including Oakland, Fremont, Santa Rosa, Concord and Vallejo.