Facts

On Aug. 25, 2021, around 5:24 p.m., Claimants Audrey and Pui Shen were riding in a white 2021 Hyundai Accent, owned by Cantor's Driving School, with their driving school coach Mani Namazi, when Underinsured motorist, Nourhan Elswafi, rear-ended Claimants' vehicle on West Yale Loop, south of Blue Lake North in Irvine, California. Underinsured motorist's 2008 Nissan Quest was insured by Tesla Insurance.

Claimant Audrey Shen was driving as part of her driver's license course. Her instructor was sitting in the front passenger seat. Claimant Pui Shen was seated in the rear of the vehicle with her phone in her hand.

When Audrey Shen was driving on West Yale Loop, Pui Shen noticed the underinsured motorist was using her phone. Concerned for their safety, Pui Shen told this to Audrey Shen and Audrey Shen changed lanes into the second lane. When they were in the intersection between West Yale Loop and Blue Lake North, Audrey Shen was fully stopped at the stop sign. Suddenly, the underinsured motorist rear-ended Claimants' vehicle with a strong impact.

Claimant Pui Shen's phone hit her face and her face slammed into the back of the front passenger seat. Claimant Pui Shen was dizzy and nauseated and she vomited at the scene. She also had severe pain in her neck and back and she also had left arm pain. Pui Shen required ambulance transport to a local hospital after the collision. After this severe impact, Claimant Audrey Shen had severe neck pain and back pain, and she also went to Hoag Memorial Hospital Irvine Emergency Center for immediate medical treatment.

Settlement Discussions

There was no offer as there were two other claimants who had serious injuries and there was only a woefully inadequate $1 million dollar policy. However, Claimant argued the insurer had opened the policy by failing to accept a previous Policy Limits demand.

Specials in Evidence

Meds: $339,188

Injuries

Herniated discs at C4-5, C5-6, and C6-7, with radiculopathy, resulting in intractable neck pain. Neural foraminal stenosis at C4-5, C5-6, and C6-7. Her disc injuries necessitated an Anterior Cervical Discectomy and Artificial Disc Replacement of C5-6, and an Anterior Cervical Discectomy and Fusion (ACDF) of C4-5 and C6-7.

Result

The case settled for $700,000.