REAR-END COLLISION AND PRE-EXISTING CONDITION SETTLEMENT
Attorney Howard Kitay obtained a $305,000.00 settlement for a 49 year-old San Diego woman injured on Interstate 15, when she slightly bumped the car in front of her, came to a complete stop, and was then forcibly hit from behind by an underinsured motorist.
Plaintiff underwent significant treatment for her neck and upper back injuries and for exacerbation of her pre-existing back condition. Treatment included chiropractic adjustments, physical therapy, injections, and two neck surgeries.
The responsible party had inadequate insurance to compensate plaintiff for all her injuries resulting from this collision. Attorney Kitay employed the “made whole” legal doctrine (health insurance carrier is not entitled to reimbursement until an accident victim is “made whole” by the settlement), and persuaded plaintiff’s health insurer to accept $15,000.00 as payment in full for all medical bills incurred. Attorney Kitay then negotiated a policy limit underinsured motorist settlement for plaintiff in the sum of $305,000.00.