$250,000 Settlement: Underinsured Motorist Claim
San Mateo County
Claimant had walked to her parked vehicle and she was standing at the driver’s side door of her vehicle with her hand on the door handle when she noticed that a driver of a vehicle approaching had driven too closely to right side of her traffic lane. Claimant had no time to move, and the driver’s vehicle struck Claimant and Claimant’s vehicle. As a result of the impact, Claimant’s body was propelled forward and the right side of her forehead and scalp were violently degloved as she was knocked to the ground. The driver’s vehicle sustained moderate damage, and it was towed to Redwood City Police Department. The reporting officer found the driver completely liable for this collision, and he did not find Claimant to have any comparative fault for causing the collision.
Claimant was dazed and disoriented from striking her head, and she may have lost consciousness. Claimant suffered a large right temporal scalp flap avulsion laceration, facial hematoma with air extending to the superior extraconal space of the right orbit, as well as injuries to her right hand and fingers, right hip and pelvis, back and both elbows. Due to the trauma to Claimant’s head and face, she experienced cognitive deficits, including headaches and short-term memory loss, following the collision.
Mr. Tomasik was able to settle the underlying third-party claim with the driver’s insurer for the $30,000 policy limits. Claimant had Uninsured/Underinsured Motorist policy limits of $250,000 with Progressive, and Mr. Tomasik then resolved Claimant’s UIM claim with Progressive for the remaining policy limits of $220,000, for a total recovery of $250,000.