Facts

On March 30, 2018, an Uber driver, claimant Michael Gogue, was planning to pick up his Uber passenger in Tracy, San Joaquin, CA. Suddenly, he was rear-ended by an underinsured driver who only had $15,000 of insurance coverage.

CLAIMANT'S CONTENTIONS: Claimant contended he sustained injuries from the collision and sought underinsured motorist bodily injury coverage.

RESPONDENT'S CONTENTIONS: The insurance company claimed Gogue had pre-existing degenerative disc condition that was causing him pain, and the surgery was not related to the subject collision. The insurance company also suggested Gogue was only seeing doctors to obtain medications and he wasn't truly in that much pain to warrant a surgery.

Insurer

James River Insurance Company

Injuries

Gogue sustained injuries to his neck and back as a result of the collision. Gogue underwent conservative treatment but after no relief he underwent a L4-5 lumbar fusion surgery.

Result

The case proceeded to arbitration. After five days, the arbitrator awarded claimant the full remaining UIM insurance policy limits for a total amount of $1 million.