THE DAY OF THE ACCIDENT:
Auto Accident Victim: “S.M.” (all names are changed for privacy) 50 years old, male.
The Accident Date: The accident occurred on March 31, 2016, around 8:00 in the morning, in Phoenix, Arizona.
Accident Location: The accident happened at the intersection of South 48th Street and East Warner Road in Phoenix, Arizona.
Accident Description: S.M. was riding his motorcycle while wearing a helmet, down the road when the at-fault driver in a Range Rover swerved in front of his motorcycle, causing S.M. to brake suddenly. Due to the sudden application of his brakes, S.M. hit over the handlebars of his motorcycle and onto the pavement. The at-fault driver pulled off the roadway into a parking lot. The Phoenix Police Department responded to the scene of the accident to conduct an investigation. Phoenix Police spoke to both drivers and assessed that no one needed immediate medical attention. There was not a police report written as a result of this accident, which caused a significant issue with the liability determination. All these were reported to the victim’s Personal Injury Attorney.
Citation: No citation was an issue in this matter.
DIRECTLY AFTER THE ACCIDENT
How Medical Treatment Impacted S.M.’s Auto Accident Claim.
Medical Treatment: On the day of the collision, S.M. presented to Arizona General Hospital with complaints of moderate to severe pain in his bilateral arms, chest, left elbow and left leg. Following an examination, he got identification with multiple bilateral abrasions in upper extremities and contusions to left ribs. He got Ketorolac injection.
Three weeks after the accident, as his pain persisted, S.M. presented to Eric Cerre, NMD with complaints of left rib pain in the mid-axillary region. He reported shortness of breath when taking a deep breath and a dull pain at rest. He had shallower breathing secondary to his pain. S.M. noted multiple abrasions on his left arm, bilateral elbows and forearms and bilateral knees. Following an examination, Dr. Cerre diagnosed him with cervicalgia, cervical sprain/strain, thoracic pain, contusions of the left ribs and myofascitis. Dr. Cerre administered four trigger point injections to Mr. Mangan’s affected regions. S.M. treated with Dr. Cerre a total of five times over the course of 3 weeks. Again, all these were reported to the Personal Injury Attorney.
Total Medical Bills: S.M.’s medical bills totaled $4,724.66.
Lost Wages: S.M. did not make a claim for lost wages as a result of this Arizona accident.
Health Insurance: S.M. had health insurance at the time of the Arizona accident and used his health insurance to defray some of the cost of treatment.
Client’s Car Insurance: S.M. had car insurance at the time of the Arizona accident through Countrywide Financial. S.M. did not receive any compensation from his own insurance policy for bodily injuries.
At-Fault Car Insurance: The at-fault driver had car insurance at the time of this Arizona accident through The Hartford. The Hartford never accepted liability on this claim.
Final Settlement: Final settlement was never reached in this matter as The Hartford refused to accept liability for the actions of it’s insured. The lack of police report, citation, and corroborating witnesses undermined the validity of S.M.’s claim. S.M. did not have a personal policy which would allow for compensation in this matter, specifically, S.M. did not have a Medical Payments policy on his personal car insurance.
After significant effort to reach a settlement in this matter, S.M. got released from Personal Injury Attorney representation because he did not wish to move forward with the litigation. This case had several issues which made it difficult to move forward. Ultimately, due to the inability to reach a compromise with the at-fault driver’s insurer. The high costs of litigation, S.M. chose not to move forward. Litigation would have been necessary in order to have a liability determined by a jury, judge, or arbitrator. Given the limited amount of medical expenses and the conflicting witness testimony, the costs of litigation far outweighed the conceivable settlement paid if S.M. had won at trial.