Feherensen v. Farmers Insurance
Published: Mar. 16, 2002 | Result Date: Jan. 28, 2002 | Filing Date: Jan. 1, 1900 |Case number: DUM0002343 – $75,000
Facts
The claimantÆs husband was a pedestrian, sitting at an outdoor cafe, having lunch. At that time, defendant driver,
who was fleeing from the California Highway Patrol, lost control of her car, hit the curb, and drove into
claimantÆs husband. The claimant and her minor daughter were hit by flying debris from the incident. The
claimant suffered a hematoma type injury to her right arm. Her minor daughter suffered an inch long cut to the
face. The cut was no longer visible at the time of the arbitration.
Settlement Discussions
The claimantÆs husband was initially offered $2,500 by Farmers to settle his uninsured motorist claim. He ultimately received a total of $271,000 ($235,000 from Farmers, $15,000 from the respondent driver, and had a $21,000 medical subrogation claim waived by Farmers.) Farmers initially offered $0 to the claimant and her minor child, contending that they were fully compensated by the respondent driverÆs minimum policy. Farmers increased its offer to the claimant to $6,500 and $5,000 to her minor child. Then, at a mediation, it reduced the offer to a combined lump sum of $1,500.
Damages
The claimant suffered hematoma to right arm, emotional distress, loss of consortium. The minor child suffered an inch-long cut to right cheek.
Other Information
During binding arbitration before retired judge Harkjoon Paik, claimant was awarded $50,000 and the minor child was awarded $25,000.
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