Beckman, Kelly & Smith Prevails in Underinsured Motorist Claim

Daniel W. Glavin was successful in defending a claim for underinsured motorist benefits.

Ashton C. was involved in a 1997 auto accident, in a company car driven by her father, when she was twelve years old. She filed suit against the alleged tortfeasor in March, 2004, after she reached majority. She claimed to have suffered soft tissue injuries including headaches, neck pain and right shoulder pain. She underwent wide-ranging treatment and testing at the hands of chiropractors, medical doctors, physical therapists and acupuncturists. She incurred more than $70,000 in medical expenses. She also claimed she was permanently disabled.

Because of the amount of medical expenses, the tortfeasor’s insurer paid its $100,000 liability coverage limit to protect its policyholder; Ashton C. sought underinsured motorist benefits under the employer’s policy, which provided $2 million in coverage. The claim was decided by a panel of three arbitrators.

The biggest challenge in defending the claim was marshaling and interpreting the sheer volume of medical records of twenty different treaters over a span of more than twelve years. Beckman, Kelly & Smith enlisted the assistance of a physician board-certified in both neurology and psychiatry; he reviewed the voluminous records and concluded that the only injury resulting from the accident in question was a minor soft tissue injury requiring only minimal treatment.

Beckman, Kelly & Smith also was able to demonstrate that Ashton C. had suffered two traumatic neck injuries prior to the accident and was undergoing chiropractic treatment for similar complaints prior to the accident.

The panel of three arbitrators heard evidence and arguments on November 7, 2008 and concluded Ashton C. had already been fully compensated by the settlement in the underlying claim and awarded no underinsured motorist benefits.

(Ashton C. v. ACE American Insurance Company)

If you have a question about uninsured or underinsured motorist benefits, contact Dan Glavin at 219.933.6200 or dglavin@bkslegal.com.