Head-on Collision Leads to a 6-Figure Settlement Due To Her Having UIM!
In this week’s case review, Shane Smith spoke with John Mobley of Shane Smith Law about a catastrophic head-on collision that ultimately led to a six-figure settlement. This case highlights why uninsured and underinsured motorist coverage can be critical when a crash involves severe injuries and limited insurance on the at-fault driver.
How the Accident Happened
The client, referred to as A.T.S., was involved in a devastating head-on collision caused by an inattentive driver who drifted into her lane. The impact resulted in catastrophic damage to both vehicles and immediately caused serious injuries to A.T.S.
From the very beginning, the severity of the crash was apparent. The property damage alone showed that an enormous amount of force had been transferred into A.T.S.’s body, which often correlates with significant physical trauma.
Early Medical Care and Initial Injuries
Following the crash, A.T.S. began treatment with conservative care, which is often the first step after a serious accident. This included early medical evaluations to assess her injuries, restore strength, and understand the full scope of what her body had been through.
Her primary injuries were spinal in nature, affecting both her neck and lower back. She also suffered a shoulder injury. Much of her pain radiated into her arms and legs, a common but concerning symptom when spinal structures are involved.
Addressing Pre-Existing Injuries
One complicating factor in this case was that A.T.S. had been involved in a prior motor vehicle accident many years earlier and had received treatment before this crash. Insurance companies often try to use prior injuries as a way to deny or reduce compensation.
The legal team focused on clearly documenting the difference between A.T.S.’s condition before this crash and her condition afterward. Side-by-side comparisons of medical records showed that her injuries had either newly appeared or significantly worsened due to the head-on collision. This documentation was essential in overcoming the insurer’s attempt to blame her pain on old injuries.
Advanced Pain Management and Serious Treatment
As treatment progressed, A.T.S. underwent radiofrequency ablation procedures, sometimes referred to as nerve burns. These procedures are used to identify and treat the exact spinal nerves causing pain by interrupting pain signals.
While these treatments provided some relief, the severity of A.T.S.’s injuries meant the pain did not stay away. Ultimately, her doctors recommended a spinal cord stimulator, a highly advanced and expensive pain management device reserved for the most serious cases where other treatments have failed. This recommendation alone underscored how significant and long-lasting her injuries were.
Insurance Resistance and a Turning Point
The insurance company initially argued that A.T.S.’s injuries stemmed from her prior accident. By carefully presenting medical records before and after the crash, the legal team demonstrated clear, objective changes caused by this collision.
Once those differences were clearly laid out, the insurer abandoned that defense and tendered the full amount available under the at-fault driver’s policy.
The Role of Underinsured Motorist Coverage
Because the available liability coverage was not enough to fully compensate A.T.S. for her injuries, the case did not end there. Fortunately, she carried underinsured motorist coverage through her own auto insurance policy.
This additional coverage allowed the legal team to pursue further compensation, ultimately contributing to a six-figure settlement. As John Mobley emphasized, underinsured motorist coverage is often one of the most valuable and affordable protections drivers can carry, especially in catastrophic accidents.
A Key Lesson From This Case
This case demonstrates several critical lessons. Severe crashes can aggravate old injuries or create entirely new ones, and insurance companies will often try to blur that distinction. Careful documentation and persistence matter. It also shows why carrying strong underinsured motorist coverage can make the difference between an inadequate recovery and a fair one.
Final Thoughts
A.T.S. endured a long and difficult recovery process, but through detailed medical documentation and persistent advocacy, she achieved a result she felt was fair. This case is a clear example of why serious injury claims require experienced legal guidance and why the right insurance coverage matters before a crash ever happens.
If you want to learn more about what to do after a car accident, you can request a free copy of The Victim’s Survival Guide to Car Accidents.
If you are in pain, call Shane at 980-999-9999 to speak with the team at Shane Smith Law.
