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DUI Ultimately Shown to Be The Cause of Accident, Resulting In Substantial Settlement

August 19, 2010

Montlick & Associates, Attorneys at Law, represented a woman and her uncle who were in the at fault vehicle that was being driven by the woman’s mother. The defendant had pulled out of a parking lot and they were t-boned by another vehicle. The defendant was ticketed for failing to yield. The uncle had the most serious injuries. The client suffered from rib fractures on the left and right rib cage. A thoracotomy tube had to be inserted into his left rib cage to drain fluid. Our client spent 4 days in the hospital.

Our client continued to suffer substantial chest wall pain and fevers after being released from the hospital. He was put on light duty by his primary care physician but his employer was unable to put him in a position that allowed for light duty. Our client had incurred approximately $20,000 in medical expenses.  The client had no health insurance and no automobile insurance of his own. Unfortunately, the defendant only had the minimal liability limits of $25,000. Due to client’s injuries he was unable to work for almost two months.

Our Atlanta car accident lawyers reviewed the police report and it was noted that vehicle #2 had left the scene of the accident with heavy damage even though the driver was not originally at fault for the incident. After reviewing the accident report, we noticed that a separate incident report was generated. Our office ordered the incident report and it was noted that the driver of vehicle #2 was arrested for driving under the influence, leaving the scene of an accident, and open container. It was noted that a bottle of Jose Cuervo had been found in the vehicle. At the time that the vehicle was pulled over it was being driven by the driver’s wife, who was not under the influence of alcohol.

Montlick & Associates, Attorneys at Law, sent an affidavit for the policy limits of vehicle #2. The declaration page showed that the driver had liability limits of $100,000. Our attorneys sent a demand to the liability insurance of vehicle #1 and we were able to settle the case for $25,000 with a limited liability release, allowing the injured client to pursue additional money from another policy. A second demand letter was sent to the insurance company of vehicle #2. Initially, the adjustor had sent a letter denying liability. Our attorneys then reminded the adjustor that their insured had an almost empty bottle of Jose Cuervo in his vehicle. The adjustor took this information into consideration. She had been unaware of this fact until she received our demand letter. The first offer was $10,000. After Montlick & Associates, Atlanta accident attorneys discussed pursuing punitive damages for their insured leaving the scene of the incident, the adjustor eventually settled with our client for $40,000, for a total settlement of $65,000. We were also able to get numerous deductions from his providers thus providing out client with a substantial amount for his pain and suffering.

Category: Montlick Law

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All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.