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Personal Injury
Auto v. Auto
Uninsured Motorist Claim

Victoria v. Farmers Insurance Exchange

Published: Apr. 11, 1998 | Result Date: Mar. 13, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 96K14845 Arbitration –  $2,924

Arbitrator

David Aisenson

Court

L.A. Superior Central


Attorneys

Claimant

J. Luis Garcia


Respondent

David B. Wasson
(Wasson & Associates Inc.)


Experts

Respondent

Scott R. Karlan
(medical)

Facts

On July 21, 1995, claimant Vicente Victoria, a 51-year-old musician, artist and singer, was driving his 1991 Nissan pickup truck when he was rear-ended while at a stop at the intersection of Ball Road and Loura in the city of Anaheim. The claimant was behind two other cars. The uninsured motorist (UM) driver struck the rear of the claimant's truck at 30 mph, causing the claimant's truck to strike the vehicle stopped in front of him. The claimant brought this uninsured motorist claim for failure to pay.

Settlement Discussions

The claimant made a settlement demand for $30,000. The respondent made an offer of $12,000. (Per claimant, respondent offered $7,186.)

Specials in Evidence

$9,281.90 $16,000

Injuries

The claimant claimed he suffered an aggravation of his hernia; soft tissue injuries to his neck and back, requiring surgery to repair his ruptured hernia; and physical therapy treatments. He claimed residuals of continued pain to the neck and lower back, susceptible to recurring injury.

Other Information

The award was rendered approximately one year and eight months after the case was filed. ARBITRATION: An arbitration was held before David Aisenson, resulting in the reported award.

Length

3-4 hours (Arbitration Length)


#114041

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