Insurance Company Paid $1 Million Over the Policy Limits
Demas Law Group client SR, was driving home from work on a Sacramento freeway when he encountered heavy traffic ahead. He was able to slow and stop safely behind the car in front of him, but a large truck traveling at a high rate of speed behind SR plowed into him. The impact catapulted SR’s car forward and he struggled to regain control before hitting the freeway median barrier.
Like many of our clients, SR did not initially feel an injury – the rush of adrenaline masked his symptoms. However, the next day he noted significant low back pain and sought medical treatment. Time, rest, and medication did not help, and, within a month of the collision, he developed shooting pain from his low back down his leg. SR retained Demas Law Group to help navigate his claim. An MRI confirmed that SR’s symptoms could only be relieved by surgery. Since the negligent motorist only had $100,000 in liability coverage, Demas Law Group provided the insurance company with ample information and demanded payment of the policy limit. The insurance company refused, instead offering $16,000 and asserting an unfounded belief that SR’s back complaints preexisted the collision.
Demas Law Group filed a lawsuit and, battling through delays caused by the COVID-19 Pandemic, conducted extensive discovery and investigation. The insurance company was provided with several additional opportunities to do the right thing and pay the policy limits but continued to refuse. The case was set for trial and Demas Law Group marshaled the evidence and designated top experts to testify. The insurance company finally offered the policy limits, but it was far too late. The only way to avoid facing Demas Law Group attorneys at trial was for the insurance company to pay an additional $1,000,000 above the limits of the insurance policy.
When an insurance company fails to honor a demand for policy limits, despite clear evidence showing that the claim value exceeds those limits, it runs the risk of an adverse judgment that far exceeds the coverage limits of the insurance policy. Capitalizing on mistakes made by insurance companies requires skill and many years of experience. At Demas Law Group, our attorneys understand the steps that must be taken, and the evidence that must be developed, to hold insurance companies accountable for their unfair conduct.
