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Personal Injury
Auto v. Auto
Underinsured Motorist Claim

Ali Eftekhari v. Allstate Insurance Co.

Published: Feb. 19, 2011 | Result Date: Jun. 1, 2010 | Filing Date: Jan. 1, 1900 |

Arbitration –  $289,657

Court

Case Not Filed


Attorneys

Claimant

Christian W. Wilbert


Respondent

Theodore M. Endres
(Law Office of Robyn N. Jones-Williams)


Experts

Claimant

Pejman E. Shirazi
(medical)

Respondent

Donald Miller
(medical)

Facts

Claimant Ali Eftekhari, a 65-year-old laboratory technician, proceeded eastbound on Ortega Highway in San Juan Capistrano when he was struck head-on by the motorcyclist who crossed over into claimant's lane of travel.

Contentions

CLAIMANT'S CONTENTIONS:
Claimant contended that he suffered non-surgical herniated discs in the cervical and lumbar spine as well as a compression fracture at T-12.

RESPONDENT'S CONTENTIONS:
Allstate disputed the nature and extent of claimant's damages. Allstate claimed that claimant suffered soft tissue injuries; that claimant's chiropractic treatment was excessive; that claimant was exaggerating his injuries; and that claimant should have returned to work four months after the accident.

Settlement Discussions

Claimant demanded $699,000. Allstate made a CCP 998 offer of $70,149 10 days before the arbitration.

Specials in Evidence

$34,657 $100,000 $150,000

Result

Binding arbitration award of $289,657 before Mark Ashworth, Esq.


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