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Insurance Company Liable for Balance of Judgment on an Under Insured Motorist Policy


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11/30/2010
Brent Adams
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Plaintiff Sandra Weeks was driving her vehicle when the Defendant Herman Smith, entered the road in front of the plaintiff’s oncoming vehicle which resulted in a collision. The Plaintiff settled with Mr. Smith for his policy limits of $30,000 and the case proceeded as an underinsured motorist claim. State Farm was Ms. Weeks’ insurance carrier.

Ms. Weeks alleged soft tissue neck and back injuries as a direct result of the crash. She claimed $25,000 in past medical bills.

The verdict was reached on February 2nd of this year for a $50,000 less prior tortfeasor settlement of $30,000 for a net award of $20,000.

This case is a good example of why it is important to have high levels of underinsured motorist coverage.



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