When our client Janine* was injured in a San Antonio car crash, the at-fault driver’s insurer quickly offered to pay its policy limits of $30,000. Crosley Law Firm submitted a demand to Janine’s own underinsured motorist (UIM) coverage for a policy limits amount of $250,000.
But the insurance carrier wasn’t playing fair. For more than a year, they insisted her claim was worth a maximum of $17,271. This was despite clear liability, documented injuries, and more than $50,000 in medical bills.
It took aggressive litigation and leveraging a favorable Texas Supreme Court precedent to turn those offers into a $225,000 UIM settlement and ultimately bring Janine’s total recovery to $257,500 that included a $2,500 personal injury protection (PIP) payment.
(*Name changed for privacy purposes)
A distracted crash causes lasting injury
In October 2022, Janine was driving on Eisenhauer Road in San Antonio, Texas when an inattentive driver made an unsafe left turn directly into her path, causing a violent, angled head-on collision.
Janine suffered a disc herniation in her upper spine, a pinched nerve, middle spine pain, and a partial ACL tear in her right knee. Her treatment included:
- Chiropractic care and physical therapy
- Multiple epidural steroid injections
- Radiofrequency thermocoagulation of joint nerves to reduce pain
- Multiple knee injections
- A surgical consultation that recommended artificial disc replacement surgery
Her total recoverable medical bills were $50,224.40. This was far more than the insurer’s offers acknowledged.
The insurance company’s playbook: delay, deny, lowball
Janine’s UIM carrier repeatedly offered just $17,271 (and later dropped it to $15,000) to settle:
- 06/19/23 – $17,271
- 07/21/23 – $17,271
- 08/14/23 – $17,271
- 09/27/23 – $17,271
- 02/22/24 – $15,000
To justify these numbers, the insurer seized on social media photos and videos of Janine modeling clothing and accessories. They tried to paint her as healthy, pain-free, and flexible.
RELATED: Posting on social media after a car accident: how it can hurt (or help) your case
Fighting back with litigation that pays off
Crosley Law filed suit and pushed the case toward trial. We maintained an aggressive stance by:
- Defending Janine’s deposition against tough questioning about her modeling work
- Presenting trial depositions of two of her treating doctors
- Deposing the defense’s retained experts and exposed weaknesses in their opinions
- Preparing to try the case the week before trial, ensuring maximum pressure
We also marked and introduced as an exhibit a video and associated screenshots of a demonstrative surgery that was recommended by one of her doctors. We also presented a documented potential need for a platelet rich plasma injection in her knee.
A previous case becomes a game-changer
We also had a unique advantage: the ability to recover attorney’s fees in UIM cases under Allstate v. Irwin, a case our firm handled from trial through oral argument before the Texas Supreme Court. Because of Irwin, the insurer faced the possibility of paying not just Janine’s damages, but also substantial attorney’s fees if they lost at trial.
The result: justice before trial
Faced with strong medical testimony, impeached defense experts, and the risk of having to pay attorney’s fees, the insurer finally paid $225,000 to settle the UIM claim. This brought Janine’s total recovery to $255,000.
Janine’s case showed that:
- Low medical bills or “healthy-looking” social media posts do not erase legitimate injuries
- Aggressive, strategic litigation can turn a $15,000 offer into a six-figure settlement
- Legal precedent matters, and choosing a firm that helps shape the law can make all the difference
Have you been injured in a crash and are frustrated by lowball offers from an insurance company? Call Crosley Law at 210-529-3000 or contact us online for a free consultation. We fight for the full value of your claim and we won’t back down.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
