Facts

On Oct. 26, 2006, Christine Erspan was in a parking lot, backing out of a parking space, when she collided with a car driven by Ruth Morris, an uninsured motorist. Erspan requested to arbitrate a claim for uninsured-motorist coverage from her insurer, CSAA-IIB.

CLAIMANT'S CONTENTIONS:
Erspan claimed that she came to a stop when she was about one third out of the space to check for traffic. She claimed that while she was stopped, Morris backed into her while exiting her own space about three cars down and on the opposite side of the lane. She argued that it was completely Morris's fault.

RESPONDENT'S CONTENTIONS:
CSAA-IIB argued that Erspan backed into Morris. CSAA-IIB also argued that Erspan's medical condition was pre-existing and not caused by the accident. In the alternative, it argued that any injury caused by the accident would have subsided in three months. It offered expert testimony that this was a non-injury accident. CSAA-IIB also argued that Erspan's medical costs should not have exceeded $5,919 and that if liability was found on their part, her award should be limited to $12,500 and reduced by comparative fault.

Settlement Discussions

Erspan offered to settle for $39,999; CSAA-IIB offered $20,001.

Specials in Evidence

$2,652

Damages

Erspan sought $100,000 in damages including $1,300 for damage to the rear bumper, rear panel, and frame of her car and pain and suffering; and $22,079 in medical costs for office visits, MRIs, morphine injections, multiple lumbar epidurals, on-going physical therapy, pain management sessions, medical treatment and prescription medications which included morphine, vicodin, nortriptyline, and neurontin.

Injuries

Erspan claimed that she suffered from chronic pain due to a possible L5 or S1 radiculitis or lumbar radiculopathy and the exacerbation of her pre-existing degenerative lower spine. She claimed that she was vulnerable to nerve irritation and that she suffered from severe lower back and buttocks pain.

Result

The arbitrator found that Erspan and Morris were equally liable and that Erspan had aggravated her pre-existing conditions. The arbitrator awarded her $16,130 for medical costs, $2,652 for lost wages, and $35,000 for pain and suffering. The award was reduced by half and given a medical pay offset of $2,000 for an actual award of $26,891.