$300,000 Recovery After T-Bone Collision: Underinsured Motorist Claims

$300,000 Recovery After T-Bone Collision: Underinsured Motorist Claims

Imagine the scene: you’re driving through an intersection when, out of nowhere, another car slams into your side. The impact is jarring, the metal screams, and suddenly, your world is turned upside down. This is a T-bone collision, one of the most dangerous types of car accidents. According to the Insurance Institute for Highway Safety (IIHS), side-impact collisions account for roughly 25% of passenger vehicle deaths in the U.S. While the immediate aftermath involves medical attention and vehicle repairs, a significant concern arises when the at-fault driver’s insurance coverage isn’t enough to cover your damages. This is where underinsured motorist (UIM) coverage becomes a financial lifeline. In fact, The Piscitelli Law Firm recently secured a $300,000 recovery for a 78-year-old client injured in a T-bone collision, highlighting the importance of underinsured motorist coverage when at-fault drivers carry minimal insurance.

Understanding T-Bone Collisions and Their Impact

A T-bone accident, also known as a side-impact collision, happens when the front of one vehicle crashes into the side of another, forming a “T” shape at the point of impact. These accidents commonly occur at intersections, where one driver fails to stop or yield the right-of-way. The lack of structural protection on the sides of most cars makes T-bone accidents particularly dangerous, often resulting in severe injuries.

Common injuries in T-bone collisions include:

  • Broken bones and fractures
  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries
  • Internal injuries
  • Soft tissue damage

These injuries can lead to extensive medical bills, lost wages, and significant pain and suffering. The average settlement for a T-bone accident can range from $20,000 to over $100,000, with more severe accidents exceeding $1 million.

What is Underinsured Motorist Coverage?

Underinsured motorist (UIM) coverage is an optional part of your auto insurance policy that protects you when you’re injured by a driver who doesn’t have enough insurance to cover your damages. In many states, the minimum liability insurance requirements are insufficient to cover the cost of serious injuries. For example, Tennessee requires drivers to carry $25,000 for each injury per accident. However, a 2019 study found that the average hospital cost of a traumatic brain injury was $87,634 per person—and this doesn’t even account for long-term care needs or lost income.

UIM coverage steps in to cover the difference between the at-fault driver’s policy limit and the actual cost of your damages, up to your policy’s UIM limit. For example, if the other driver’s insurance covers $25,000, but your damages total $75,000, your UIM policy can cover the remaining $50,000 (if your limit is high enough).

How Underinsured Motorist Claims Work

Here’s a step-by-step breakdown of how UIM claims typically work:

  1. The Accident: You’re involved in a T-bone collision caused by another driver.
  2. The At-Fault Driver’s Insurance: You file a claim with the at-fault driver’s insurance company, and they pay out their policy limits.
  3. Your Damages Exceed the Policy Limits: Your medical bills, lost wages, and other damages exceed the amount you recovered from the at-fault driver’s insurance.
  4. Filing a UIM Claim: You file a claim with your own insurance company under your UIM coverage.
  5. Negotiation and Settlement: Your insurance company investigates your claim and negotiates a settlement.
  6. Resolution: You reach a settlement with your insurance company, or you may need to pursue litigation to recover the full amount of your damages.

Factors Affecting Your UIM Settlement

Several factors can influence the amount you can recover from a UIM claim:

  • Your UIM Policy Limits: The amount you can recover is capped by your own UIM coverage. Higher policy limits generally mean more compensation.
  • The At-Fault Driver’s Insurance Policy Limits: Your UIM claim only covers the difference between the at-fault driver’s liability coverage and your total damages.
  • Severity of Your Injuries: The more severe your injuries, the higher your potential settlement.
  • Medical Expenses and Future Treatment Costs: Your UIM claim should cover both past and future medical costs, including hospital bills, surgeries, physical therapy, and ongoing pain management.
  • Lost Wages and Loss of Earning Capacity: Settlements are often higher for cases involving significant time off work and diminished future earning capacity.
  • Pain and Suffering Damages: You can also recover compensation for the pain and suffering you’ve endured as a result of the accident.
  • State Laws and Policy Regulations: State laws and policy regulations can also affect your UIM claim.
  • Strength of Your Claim and Evidence: Strong evidence of medical expenses, lost wages, and pain and suffering is required to justify a full payout.

Maximizing Your UIM Claim

Here are some tips for maximizing your UIM claim:

  • Document Everything: Keep detailed records of all medical expenses, lost wages, and other damages.
  • Seek Medical Attention Promptly: Prompt medical treatment is essential for both your health and your claim.
  • Consult with an Experienced Attorney: An experienced personal injury attorney can help you navigate the UIM claims process and negotiate a fair settlement.

A Real-Life Example

The Piscitelli Law Firm recently secured a $300,000 total recovery for a 78-year-old individual who sustained injuries in a 50 mph T-bone collision. After the driver responsible for the accident provided Ohio’s minimum coverage of $25,000, the firm sought to recover the client’s $300,000 underinsured motorist coverage. The injuries sustained by the client included resolved soft-tissue trauma and radial tunnel syndrome, a painful condition caused by compression of the radial nerve in the upper forearm that leads to discomfort, weakened grip, and pain during rotation. The UIM insurance provider initially presented an offer of $70,000. After several months of legal proceedings, the insurer disbursed the full $275,000, culminating in a total recovery of $300,000.

This case demonstrates the critical importance of underinsured motorist coverage for drivers, particularly when involved in accidents with motorists carrying only state minimum insurance.

Do You Need a Lawyer?

Filing a UIM claim can be complex, and insurance companies may try to undervalue your claim. An experienced personal injury attorney can help you:

  • Understand your rights and options
  • Investigate the accident and gather evidence
  • Negotiate with the insurance company
  • File a lawsuit if necessary

Don’t Go It Alone

If you’ve been injured in a T-bone collision and the at-fault driver is underinsured, don’t hesitate to seek legal assistance. Contact our firm today for a free consultation. We can help you understand your rights and pursue the compensation you deserve.