Unsafe Merge and Passenger Case – $100,000

Published: 08/12/2026

Our client was involved in an auto accident when the at-fault driver abruptly attempted to merge into his lane and collided with his vehicle. Liability was accepted, and the at-fault driver was insured with bodily injury policy limits of $100,000 per person.

Following the collision, our client underwent extensive treatment for injuries to his knee, neck, and low back. His care included conservative treatment, chiropractic therapy, diagnostic imaging, specialist evaluations, and ultimately recommendations for surgical intervention due to the severity of his knee injury. His total medical bills reached $78,167.

This claim presented a unique challenge because we had previously resolved the bodily injury claim for our client’s wife, who was a passenger in the vehicle, for the full policy limits. After our client completed his initial course of treatment, we submitted a policy limits demand on his behalf. Despite the significant nature of his injuries, the recommendation for knee surgery, and our position that the claim clearly exceeded the available limits, the carrier refused to tender and instead offered only half of the policy limits.

Rather than accepting an inadequate offer, we continued to advocate aggressively for our client. Because he remained symptomatic, he returned for additional treatment and ultimately underwent a series of PRP injections to his knee in an effort to alleviate his ongoing pain and avoid surgery. Once treatment concluded, we submitted a renewed policy limits demand supported by the updated medical evidence and increased damages.

The carrier eventually increased its offer to $90,000. At that point, we made it clear that with only $10,000 separating the parties—and given the clear excess value of the case—we were fully prepared to file suit if the policy limits were not tendered immediately. After additional discussions, the carrier reconsidered its position and ultimately agreed to pay the full $100,000 policy limits.

Our client was extremely pleased with the outcome. Not only were we able to secure the full policy limits for his claim after significant resistance from the carrier, but we had previously obtained a favorable policy limits settlement for his wife arising out of the same collision. Most importantly, our client appreciated that we never backed down despite the carrier’s attempts to undervalue his injuries and treatment.

This case highlights the importance of proper case valuation, persistence during negotiations, and a willingness to push back when an insurance company refuses to fairly evaluate a claim. By standing firm and leveraging the strength of the medical evidence, we were able to obtain the maximum available recovery for our client.