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Injured Worker Makes Three Claims For The Same Injury

Injured Worker Makes Three Claims For The Same Injury

Posted By The Dunnion Law Firm || 20-Oct-2011

A 53 year old construction worker was injured while driving a utility work truck from his home to a job site. He was struck from the rear by a Toyota Land Cruiser that was going a moderate speed estimated at less than 45 MPH. There was minimal damage to the utility truck, but he sustained injury to his neck as the head rest was low and his neck snapped back on impact. His employer denied he was in the course of employment as he had not yet reached the work site and denied his workers compensation claim. He then filed a claim against the insurance policy for the Toyota and was told his claim had little to no value because there was only minor property damage. Frustrated and in pain he called The Dunnion Law Firm and his case was promptly taken up. First it was established under the "coming and going" rules that while he was in a company truck doing company business in route to the job site he had a valid workers compensation claim. He then started to get the treatment he desperately needed. The Dunnion Law firm arranged for evaluations by a neurologist and a neurosurgeon. The worker was found to have an operable disc injury. This was repaired by the neurosurgeon with good results. Meanwhile the Toyota’s insurance Carrier refused to offer any reasonable settlement because of the alleged low impact. The Dunnion attorney demanded policy limits in the amount of $100,000.00 advising that if they did not pay there insured would have to explain why they would not accept responsibility to a judge. Ultimately, they paid over the $100,000.00 policy limits to avoid the consequences of a California Civil Procedure Section 998 demand. Finally, The Dunnion Law firm has opened a million dollar under insured motorist claim against the private liability motor vehicle policy his employer maintained on the involved utility truck. The construction worker is very happy he called The Dunnion Law firm going from no claims to three recoveries.

Categories: Auto Accident