A jury recently awarded a Texas woman $372,000 after an insurance company attempted to provide her with a minimal settlement for the injuries she sustained in an auto accident. Kelsi Gabbert was the victim and her vehicle was rear-ended in Gun Barrel City, TX. She ended up spending nearly $20,000 on medical expenses and now has to wear hearing aids as she suffered a concussion and was diagnosed with a condition called tinnitus. Tinnitus is when an individual suffers from permanent ringing in their ears following a concussion.
When Gabbert contacted Allstate in an attempt to recover compensation for her injuries and medical expenses, Athens Review said she was shocked as they only offered her $1,500. Despite the fact that she spent so much on medical bills and has to wear hearing aids to avoid having to listen to the permanent ringing in her ears, Allstate didn’t seem too concerned as they suggested she accept a low-ball settlement offer. Gabbert decided to retain a Texas accident lawyer as a result. Although her accident lawyer offered to release the defendant, Leasuance Caldwell, from further liability if Allstate was willing to pay $50,000 which is what the policy limited in terms of coverage, the company refused the offer twice.
Gabbert also pursued her own insurance company for a $30,000 underinsured motorist policy that was expected to pay when a claim exceeds the value of a defendant’s policy, however, they chose to wait until Gabbert “pursued a judgement against the defendant at her own expense” before they provided her with any sort of payment. Her attorney criticized the insurer which has been identified as Texas Farm Bureau, saying that this occurs frequently within the state of Texas. He said many insurance companies with either delay or deny an insurance claim while the insured is forced to file a personal injury lawsuit just “to get a fair recovery.”
The case went through litigation for nearly two years.
Eventually, Gabbert’s case made it to trial where a six-person jury would listen to both sides in the matter and make the final determination as to how much she should receive. After the conclusion of the deliberation, the jury decided that her injuries were worth $361,748.43 which included $20,748.43 for past medical expenses as well as $25,000 for the cost of maintaining her hearing aids. Caldwell, who the other driver involved in the accident, is liable for the amount of the verdict that exceeds her insurance policy.
Gabbert intends to pursue Allstate for the full verdict as she believes the company was “negligent in not agreeing to tender their policy limit on the two prior occasions her attorney gave them.” While Gabbert struggled with insurance companies as she initially attempted to collect worker’s comp insurance seeing she was on her to way to her office after treating a patient at their home, the company denied her request. Thankfully, Gabbert and her Texas accident lawyer were able to obtain a successful outcome.
If you were involved in an auto accident in Austin, TX, it is important that you connect with a local Austin, TX accident lawyer as they can help you throughout the claims process. As you can see with the case described above, insurance companies aren’t always compliant, even if you are the victim and sometimes, it takes a lawyer to step in so that you are rightfully compensated.
If you would like to be connected with an Austin, TX accident lawyer now, contact USAttorneys.com.