Time and time again I see automobile insurance liability carriers make totally unreasonable settlement offers on reasonably strong liability cases prior to suit. This case recently resolved was no different. The plaintiff was a waitress from Naugatuck, Connecticut. She was sideswiped by a young woman who was driving under the influence of alcohol on Old Firehouse Road in Naugatuck, Connecticut. The plaintiff's vehicle had significant front-end crush damage. The defendant, a resident of Waterbury, was arrested at the accident scene after flunking field sobriety tests performed by the investigating police officer. The plaintiff suffered a cervical soft tissue strain along with an aggravation of cervical degenerative disc disease. Treatment for the Naugatuck plaintiff consisted of some chiropractic care to the cervical spine and some short-term physical therapy. The plaintiff was assigned the "garden variety" 5% impairment of the cervical spine by a Waterbury physician. The plaintiff had no prior cervical spine injuries.
The plaintiff did, however, prematurely self-discharge herself, leaving a one-year gap in her chiropractic care before returning to complete her treatment. The insurance carrier was not impressed with the plaintiff's claim and offered $5,500.00 to settle this case prior to suit. After suit was brought by our office in the Waterbury Superior Court, we amicably resolved this case for $30,000, even with a one-year gap in the plaintiff's medical treatment. The moral of the story is that conflict resolution in the automobile tort world often requires a lawsuit.
Regards, PR, 3