Case details

Claimant: Reversing vehicle struck her in crosswalk

SUMMARY

$100000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
arm, fracture, humerus
FACTS
On Dec. 8, 2011, in the early afternoon, the claimant, an 87-year-old woman, was walking in a crosswalk at a mall in Laguna Hills when a vehicle backed into her while reversing out of a handicap space in the parking lot. The collision caused the claimant to fall over and sustain . The driver ultimately agreed to tender the $100,000 insurance policy limits, which was with Allstate Insurance Co. The claimant then sought further recovery via the supplementary-underinsured-motorist provision of her own insurance policy, which was administered by Ameriprise Insurance Co. The matter subsequently proceeded to arbitration. Ameriprise disputed whether the alleged driver was the one involved in the accident., The claimant sustained fractures of the right superior orbit, nasal bone, right sacrum, right iliac bone, and proximal and distal humerus of the right arm. She was subsequently taken to a hospital following the accident and was hospitalized, on and off, for several months. She did not undergo any surgeries due to her age and weakened condition, but treated with occupational therapy, where the goal was to get her up and walking. The claimant claimed that she is still symptomatic and suffers restrictions on her daily activities. However, she noted that she is out of the hospital, but that her husband is taking care of her now.
COURT
Arbitration Company, CA

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