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

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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