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Facts

In June 2003, plaintiff Mary Balaban, 85, retired, was driving a sedan northbound on Sawtelle Avenue. An underinsured motorist traveling eastbound in a truck on Massachusetts Avenue struck her in the West Los Angeles intersection. The collision resulted in plaintiff spinning into southbound traffic where she was hit by another vehicle, head on.

The plaintiff settled with the defendant driver for his policy limits of $15,000, claiming he ran the stop sign. She then filed suit against her carrier, AAA Interinsurance Exchange, for underinsured motorist coverage, after receiving med pay of $5,000 and an offer to settle for $10,000.

The defense stipulated to liability. The case proceeded to arbitration on the issue of damages only.

Specials in Evidence

$16,400

Damages

She sought policy limits of $100,000 for pain and suffering with credit for money received from the underinsured driver.

Injuries

The plaintiff was taken by ambulance to the hospital and was released later that day. She alleged severe soft-tissue injuries to her neck, back and chest. She also claimed bruises to her head. Further, she was burned in the face after the airbags were released. The plaintiff had to undergo approximately 20 physical therapy visits and about 10 psychological counseling visits to deal with post-traumatic stress disorder.

Result

The plaintiff was awarded $76,000 in arbitration. $14,000 of the award money was for medical bills and the rest was for pain and suffering. She previously entered a settlement for $15,000 with the underinsured driver, and received $5,000 for med pay.