Our client was involved in 2 separate car crashes approximately 1 year apart from each other. We were able to recover from both crashes under a theory damages could not be apportioned. Our client sustained a detached retina, a cervical radiofrequency ablation, a lumbar radiofrequency ablation, 2 SI joint radiofrequency ablations, and a traumatic brain injury. Client was insured through 3 separate underinsured motorist carriers who were all Defendants in the lawsuit, 1 from the first crash and 2 from the second crash. Each of the Defendants were pointing the finger at each other as the responsible party. Our office leveraged this internal fighting amongst the Defendants and we were able to file a 80% of policy limits proposal for settlement (the maximum amount for an enforceable proposal for settlement against an underinsured motorist carrier in Florida absent a finding of bad faith) to the underinsured motorist carrier who essentially sat in the middle of the 3 Defendants, which was accepted. This allowed us to go back and obtain policy limits from the underinsured motorist carrier from the first accident and than circle back to the last carrier to negotiate a very favorable settlement for our client. The final underinsured motorist carrier likely had the least amount of responsibility out of all 3, but had the highest limits and was left as the last man standing based on our negotiation strategy.
Practice Areas: Motor Vehicle Accident