Retired accountant sustained knee and elbow injuries that required surgery after being struck by a vehicle that crossed the center line on a San Antonio street. The other driver’s insurance company denied liability claiming that the investigating officer failed to find fault in the police report and that their insured said our client crossed the center line.
After extensive litigation, the negligent driver’s insurance company tendered its policy limit of $25,000.00 after we proved that the damage to our client’s vehicle could have only been caused by the other driver crossing the center line. Due to the fact that the responsible driver’s insurance was inadequate to compensate our client for his damages, we made an underinsured motorist coverage claim on our client’s automobile insurance policy. We were able to recover an additional $152,500.00 from his insurance company for a total settlement amount of $177,500.00. Attorney’s fees were $60,000.00. Case expenses totaled $2,066.61. After payment of attorney’s fees, case expenses, a Medicare lien, a health insurance lien, and the medical expenses owed at the time of settlement, our client’s net recovery totaled $105,959.97.
