RJA recently obtained a very significant settlement on behalf of a client who was injured in a motor vehicle accident. The accident was caused by another driver who entered an intersection after running a red light as our client, with a green light, entered the same intersection. The collision forced our client out of the intersection and into some vegetation off the road. While our client fortunately did not break any bones or need any surgery, he did suffer physical injuries. Those physical injuries resulted in less than $12,600.00 in costs for medical doctors and hospital bills.
Prior to the commencement of litigation, the insurance company provided a low ball settlement figure. As a result, a complaint was filed in Superior Court and, after that filing, the insurance company insignificantly increased its offer. Both low offers were rejected.
In discovery, RJA was able to use evidence gathered to place the other driver in an impossible position in which he had to concede that his denial of responsibility for the accident was false and made in bad faith. Building from that foundation, the insurance company was advised that the complaint was to be amended to add the insurance company as a defendant in a claim for its unfair and deceptive business and litigation practices.
Soon thereafter, the insurance company not only more than quadrupled its settlement offer, but also expressed the wish to engage in, and pay for, mediation to try to settle the case. That mediation resulted in a settlement for our client of $72,500.00, a figure about six times the cost of his medical doctors and hospital bills.
RESULT: Settlement in the amount of $72,500.00 for RJA’s client.
RJA Counsel: Andrew J. Gambaccini and John K. Vigliotti