Michelle Smith v. Allstate Insurance Company
Published: Sep. 22, 2012 | Result Date: Aug. 3, 2012 | Filing Date: Jan. 1, 1900 |Case number: 1383865 Arbitration – $225,000
Court
Santa Barbara Superior
Attorneys
Claimant
Anthony C. Kastenek
(Harris Personal Injury Lawyers, Inc.)
Respondent
Facts
Michelle Smith was involved in an automobile accident. She received the $25,000 policy limit from the underinsured driver. Smith sued Allstate Insurance Co. seeking damages form injuries she suffered as a result of the accident, for damages in excess of the policy limits. Allstate's underinsured provisions afforded coverage up to $250,000.
Specials in Evidence
Smith claimed she needed future spine surgery and claimed costs would exceed $250,000. Allstate disputed the need for future surgery.
Injuries
Smith suffered injuries including a strain/sprain injury to her spine. She also claimed that her long-standing depression became worse as a result of the accident and the pain she has had to endure because of her injuries. She also continued to suffer from residual pain.
Result
The parties submitted the matter to arbitration. The arbitrator found that the subject accident was caused entirely by a driver who drove his vehicle into Smith's vehicle. The arbitrator awarded Smith $250,000 offset by the $25,000 she previously received.
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