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Motorcycle Passenger Collects Policy Limits of $100,000

Posted By The Dunnion Law Firm || 14-Oct-2015

It was summer, early June, when a Central California woman and her boyfriend decided to go for a ride on his 1993 Harley FLHTCL motorcycle. It was really a perfect day for a ride. The sun was shining and the weather was warm, but comfortable as the breeze blew against their leather riding gear. They were both properly attired and wearing all the gear. They were not far into the ride when they had an incident. They had just passed a car in the #2 slow lane of Highway 63 when the driver of a 2009 Chevrolet pick-up made an unsafe lane change into the #1 fast lane they were occupying. The pick-up bumped the right rear side of the motorcycle. The impact was very minor and the Harley was not upset. Unfortunately the soft impact was with the woman’s right boot and ankle. The parties stopped and exchanged information and went on their respective ways.

That night the woman noticed pain and some swelling in her right ankle. She reported to her primary care doctor the next day. He said nothing was broken; take it easy and everything will be fine. A month went by and woman was still having issues with her ankle. She reported the problem to her PCP and was again told “everything is going to be fine, these things take time”. At this point the woman decided to contact a lawyer and called The Dunnion Law Firm. After discussing the matter she hired the firm and was assigned an attorney who wanted to know why the ankle was not healing as predicted by the client’s PCP. He hired an orthopedic medical expert who examined her ankle and ordered an MRI. He found that she had suffered strained tendons and predicted that the woman had recovered but would be left with a residual weak ankle unless she had surgery.

The woman did not think the injury was such that she would want surgery at this time. The attorney using the medical experts opinion of a permanent injury made a demand for the liability insurance limits of the pick up drivers insurance policy. Faced with solid evidence the insurance company agreed to pay its limits of $100,000.00 rather than face the prospects meeting the medical expert in trial. The woman was satisfied happy with the result obtained.