Insurance Company Argued Montlick Client Was Not Injured - $900,000 Settlement


August 18, 2010

Montlick & Associates, Attorneys at Law, received a call from a woman that had been involved in a traffic accident. She was rear ended by an 18 wheeler and the force of that impact pushed her vehicle into the car in front of her. The accident occurred on Georgia 400, which is a toll highway.

She suffered from neck and back pain which resulted in her having to undergo surgery. During her treatment, our client developed an infection that resulted in admission to ICU and additional surgery. She was forced to quit her job and is now permanently disabled from the injuries as a result of the motor vehicle accident.

Why She Needed an Attorney

The defendant initially argued that our client was not injured. This is a common tactic, used by trucking companies, insurance companies and defense attorneys, since the policy limits of the 18 wheeler defendant were high.

Facts of the Case

The police found the defendant at fault for following too closely and the driver of the 18 wheeler was issued a citation. Under Georgia law, it is clear evidence of negligence for one to be following too closely. O.C.G.A. §40-6-49 provides, in part, the following statements of law:

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. Motor vehicles being driven upon any roadway ... shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. Vehicles which approach from the rear any other vehicle or vehicles stopped or slowed to make a lawful turn shall be deemed to be following too closely for purposes of this Code section.

Our Georgia 18 wheeler accident attorney established claims with all the insurance companies and the case was referred by the defendant’s insurance company to a defense attorney. After months of intense negotiation, the case was resolved before suit was filed.

After gathering evidence, including all witness reports and an in house investigation, we presented our claim to the defendant’s attorney. We than contacted our client’s treating providers for their opinions and presented those to the defendant’s attorney. The case eventually settled for $900,000.00.

Category: Montlick Law

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.