We recently settled a case against an adverse driver’s policy after nearly a year of negotiations and the filing of a lawsuit. In this case, the client was the victim of a personal injury car accident when the other driver pulled out in front of the car she was riding in from a private driveway in violation of NRS 484B.260 which states “The driver of a vehicle about to enter or cross a highway from a private way shall yield the right-of-way to all vehicles approaching on such highway.” As seen in the photos, this was a violent collision cause the client’s head to strike the windshiled.
The violation of the law, which was meant to protect the Client and others from injuries such as those she sustained in the accident, is a case of Negligence Per Se. Since the client didn’t do anything wrong, there was no issue of liability and it appears that the other driver’s insurer was contesting the client’s injuries that were caused by the accident.
Those injuries included injuries to the client’s neck, head, right shoulder, right elbow, right arm and right knee. She was transported to, and treated at University Medical Center of Southern Nevada just after the accident. She received further care from Robert E. Braden, D.C. of Valley Spine and Sports.
The client’s total medical bills were in excess of $11,000.00, which greatly reduced the injuries she suffered as a result of the car accident. We made a demand in the amount of $50,000.00 to the other driver’s insurance. We later advised the other driver’s insurance that we would accept its $25,000.00 policy limits as full and final settlement. The insurer offered $18,000.00. We reasserted our demand and the insurer offered $20,000.00 prompting us to file a lawsuit on our client’s behalf after which the other driver’s insurer did the right thing and paid its policy limits.
In the meantime, we sought recovery from our client’s under insured motorist coverage in the amount of her policy limits. After taking credit for the amount received from the other driver’s insurance and money paid to the client through her Medical Payments coverage, her insurer has offered $7,500.00. We continue to negotiate this amount on our client’s behalf as she will not be fully compensated for the injuries caused by the accident.
According to Donald Kudler, “We were forced to file suit against the other driver in order to get our client fair compensation. We will continue to put pressure on her own insurer to the same ends.”
CAP & KUDLER
3202 West Charleston Boulevard
Las Vegas, NV 89102
Phone: (702) 878-8778
Cap and Kudler was founded in 2004 by Allen A. Cap and Donald C. Kudler, two experienced Las Vegas attorneys who had worked for many years at the firm of Albert D. Massi in the areas of personal injury, general civil litigation and business transactions. Learn more.