Case Study | Car Accident
for a client injured from a rear-end collision
Our client was driving a company vehicle when he was rear-ended by another driver. The impact caused a cervical disc herniation that ultimately required surgical intervention. The at-fault driver carried only a $25,000 liability policy, which we recovered in full. That amount, however, fell far short of compensating our client for the severity of his injuries, the surgery he underwent, and the recovery that followed.
Because the accident occurred in a company vehicle, we identified Supplementary Uninsured/Underinsured Motorist (SUM) coverage on the employer’s commercial auto policy. We filed a SUM claim to pursue the additional compensation our client was entitled to.
The central dispute in the SUM claim was causation. The defense argued that our client’s cervical condition was pre-existing and unrelated to the collision. This is a common tactic in spine injury cases, particularly when imaging shows degenerative changes. We worked closely with our client’s medical team to develop evidence demonstrating that the collision caused the acute herniation and the need for surgery, regardless of any prior degenerative findings. The medical records and expert opinions made clear that our client was asymptomatic before the accident and symptomatic after it.
With discovery underway and arbitration approaching, the case settled for an additional $680,000, bringing the total recovery to $705,000.
| 1 | Full Policy Recovery
Recovered the at-fault driver’s entire $25,000 liability policy, exhausting the available coverage. |
| 2 | SUM Claim Identification
Identified SUM coverage on the employer’s commercial auto policy, opening a second avenue for recovery. |
| 3 | Defeating the Pre-Existing Defense
Developed medical evidence proving the collision caused the acute herniation and the need for surgery, countering the defense’s pre-existing condition argument. |
| 4 | Pre-Arbitration Settlement
Secured a $680,000 settlement from the SUM carrier before arbitration, bringing the total recovery to $705,000. |
The SUM carrier argued that the client’s cervical spine condition was pre-existing and degenerative in nature, and that the surgery would have been necessary regardless of the rear-end collision.
When you’re ready to talk, we’re here. We offer a free, no obligation consultation at any of our 9 offices across Long Island, and we’re happy to come to you if you’re unable to travel. We have been fighting for Long Island families for over 25 years.
We’ll give you our honest assessment and tell you exactly how we’d approach your case. Our record speaks for itself. Our team has never represented an insurance company and never will. When you call Palermo Law, you’ll know quickly why so many Long Island families have trusted us since 1994.
