Facts

On Sept. 5, 2004, plaintiff Rachel Vinatieri, 20, was rear-ended by an uninsured motorist. Vinatieri's 1996 Toyota 4Runner flipped over onto the driver's side roof rail. Vinatieri demanded arbitration against defendants State Farm Mutual and State Farm General Insurance Companies.

PLAINTIFF'S CONTENTIONS:
Vinatieri contended that she suffered brain injury, pituitary injury and lumbar spine injuries resulting in permanent physical, cognitive and emotional injuries.

DEFENDANT'S CONTENTIONS:
State Farm contended that the brain injury was not permanent. In the alternative, State Farm argued that the accident did not cause brain injury.

Settlement Discussions

Vinatieri claimed that State Farm did not engage in settlement talks and that one week before arbitration, sent two checks totaling $150,000. Vinatieri maintained that she had made several demands for the policy limit and a C.C.P. section 998 offer of settlement 60 days before commencement of arbitration.

Damages

Vinatieri suffered damages resulting from future loss of earning capacity and future medical care costs set forth in the lifecare plan and economist report.

Injuries

Vinatieri suffered injuries including closed-head injury, pituitary injuries, mild traumatic brain injury, post-concussion syndrome, anxiety and panic disorder, and lower back injury.

Result

The arbitrator determined that Vinatieri should receive $2,861,549 in damages, representing $2,153,373 lost earning capacity; $197,276 future medical expenses; $10,900 past medical expenses; $500,000 general damages.

Other Information

State Farm paid the policy limits plus an additional $50,000 for costs. Vinatieri plans to file a bad faith suit for damages.