On Aug. 15, 2013, at approximately 8 a.m., claimant Victoria Piccolotti, 55, an operations manager, dropped off her dog at an animal daycare center located at 242 Shaw Road in South San Francisco. After making a left turn out of the center’s driveway, onto westbound Shaw Road, Piccolotti when a vehicle traveling on eastbound Shaw Road swerved into her lane and struck the front, passenger side of her vehicle. She claimed neck from the impact. Piccolotti sought recovery via the supplementary-uninsured-motorist provision of her own insurance policy, which was administered by State Farm Mutual Automobile Insurance Co. The matter proceeded to arbitration. Piccolotti claimed that after turning onto westbound Shaw Road, she traveled approximately four to five car lengths before the uninsured driver crossed into oncoming traffic, swerving in front of her vehicle, and forcibly striking her. She alleged that she could not recall seeing where the driver’s vehicle was before impact. State Farm contended that, according to the uninsured driver, Piccolotti pulled out of the driveway directly in front of his vehicle and that he swerved in an attempt to avoid her. Thus, State Farm claimed that the uninsured driver constituted an immediate hazard and that Piccolotti entered the roadway in violation of California Vehicle Code § 21804(a)., Piccolotti claimed she suffered neck pain as a result of the accident. She subsequently treated with her primary care physician for five days before consulting with an orthopedic surgeon. Piccolotti underwent an MRI, which revealed large, multi-level cervical disc herniations at the C3-4, C4-5, and C5-6 levels.She then treated her with chiropractic care for roughly 3.5 weeks. Piccolotti claimed her neck condition continues to affect her everyday life, but she did not seek any lost earnings. The plaintiff’s treating doctor, as well as State Farm’s independent medical exam physician, agreed that Piccolotti requires a three-level cervical fusion. Thus, Piccolotti sought recovery of $5,355 in past medical costs and $139,416 in estimated future medical costs. She also sought recovery of damages for her pain and suffering. State Farm’s orthopedic surgery expert performed an independent medical exam and opined that while Piccolotti requires a three-level cervical fusion, the surgery was due to a bone spur condition that pre-existed the subject accident. The expert further opined that if Piccolotti was injured in the subject accident, she would have only suffered a whiplash injury that has since healed.