Facts

Plaintiff, George Wallace, was involved in a car crash on March 15, 2018. The crash occurred on Highway 101 in Marin County. The other driver, found liable, only had a $15,000 insurance policy. Plaintiff then made a claim against his own policy with Defendant California Capital Insurance Company through his underinsured-motorist bodily-injury provision.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the crash caused several injuries - back, neck, shoulders and knees.

DEFENDANT'S CONTENTIONS: Defendant contented that Plaintiff did not report nor treat his injuries straightaway and notably plaintiff's shoulder complaints were not reported until two and half months after the accident and after he had already retained counsel. Defendant also argued that Plaintiff failed to report or treat his injuries in a manner that was consistent with his claims.

Specials in Evidence

Plaintiff required surgery to both his shoulders and stated that he would need future surgery to his left shoulder and also to his right knee. His medical costs totaled $38,347.79. Plaintiff claimed that he lost wages which totaled $15,200. Due to the surgery he will need to repair his shoulder and knee, Plaintiff sought $51,000.

Injuries

Injuries to plaintiff included strains in his neck and back, a torn meniscus, and his shoulders suffered from a torn rotator.

Result

After two days of arbitration, plaintiff was awarded $178,547.70, which was reduced by the $15,000 third party settlement.