Insurance Company Tries to Blame a Prior, Unrelated Injury to Avoid Paying

Emma G. was stopped in traffic on Hwy. 285 when she was rear-ended. Her car was a total loss and even though she had her seat belt on, she suffered severe neck and chest injuries, with constant pain in her shoulders and the base of her head. Beside medical treatment at the hospital, Emma had to endure months of chiropractic care, injections, acupuncture and physical therapy. Because of her injuries, her medical bills climbed to more than $65,000.

But the insurance company tried to weasel out of paying Emma. Long before this accident, Emma had to have neck surgery because of an unrelated problem. The insurance company said her neck problems were because of the prior injury, not this accident, and they said they wouldn’t pay up.

That wasn’t going to fly with Dianne Sawaya. Dianne proved that Emma’s medical records clearly showed that not only did Emma not need ongoing treatment after the long-ago neck surgery, but her doctors concluded that her injuries and pain were chronic and directly related to this accident, and wouldn’t be helped by surgery. Not only that, because she couldn’t work due to the pain, Emma suffered the loss of more than $100,000 in wages. the insurer paid up.

Settlement: $350,000 – $250,000 policy limits from bodily injury insurer, $100,000 policy limits from underinsured motorist insurer.