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Attorney Successfully Obtains $250,000 for Injury Victim

Attorney Successfully Obtains $250,000 for Injury Victim

Posted By The Dunnion Law Firm || 19-Sep-2014

A 53 year old Tulare man was injured in a fairly low speed motor vehicle accident when his 1994 Dodge Datoka pick up was struck by a 2009 Kia Spectra passenger automobile. The incident occurred while the 53 year old was driving home on SR 63 (Mooney) at the intersection of Cross. The driver of the Kia Spectra stated that he was driving to a friend’s house and came to a stop at the posted sign on Mooney. He did not see anyone coming so he entered the intersection attempting to make a left turn onto Mooney. As he started his turn he was broadsided by the Dodge Dakota . After the impact the police were called to the scene and after talking to the drivers and viewing the scene formed the opinion that the Kia Spectra driver caused the collision by failing to yield the right of way to the Dodge Dakota that was approaching so closely as to constitute an immediate hazard which is a violation of California Vehicle Code Section 21802(A). Neither driver was cited in this incident. The 53 year old felt pain on his right hand, neck and mid-back. He ask to be taken to the hospital and an ambulance was summoned. He was transported to the hospital emergency room where he was treated and released. He was concerned about his medical bills and decided to hire a personal injury lawyer. He contacted the Dunnion Law Firm and an attorney was immediately assigned to assist him. He was still smarting from the accident but had no way to get treatment. The Dunnion attorney arranged for treatment on a lien. He would not have to pay until after his case resolved. The Dunnion attorney advised the 53 year old that the Kia driver had minimal insurance and proceeded to collect the $15,000 (California Minimum liability limits). The Dunnion attorney confirmed that the Kia driver did not have any significant assets and was not working at the time of the accident. Through investigation the Dunnion attorney found and Under insured Motorist policy that would afford coverage up to a limit of $250,000. A claim was made against that policy which was rejected by the insurance carrier who complained that any residual from the incident was adequately covered by the Kia driver’s policy. The Dunnion Attorney then commenced Under insured motorist arbitration proceeding against the insurance company. In order to prove the residual injury the Dunnion attorney engaged a well known medical expert who opined that it was probable that the residual pain was from the accident with the KIA driver. By this time the insurance company had its own law firm fully engaged. However, they were not prepared to take on the medical expert of the Dunnion law firm and instead asked for a telephonic conference with the doctor. The Dunnion attorney agreed because the doctor had disclosed to him that he would provide medical causation of the injury. After the conference, the defense attorney decided it was in the insurance companies interest to settle rather than face a bad faith complaint to the State Insurance Commissioner. ( The Dunnion attorney also advised that if the carrier did not tender it limits of $250,000 timely they could face a separate action for bad faith breach of contract as allowed by the Insurance Code and case law). Game, set, match.. The case settled for full available limits from both policies of insurance. The 53 year old man agreed that when you need a creative lawyer who knows the law and knows how to get results you call The Dunnion Law Firm immediately after the accident. The Dunnion Law firm provides free consultations with innocent victims of accidents.

Categories: Auto Accident