Pomona, Los Angeles County, Calif. — Managing Partner, Samer Habbas of the Law Offices of Samer Habbas & Associates secured a $750,000 settlement, even after his client was deemed fully liable for the rear-end truck accident.
The claimant was operating his vehicle on an off-ramp when he rear-ended a stopped 18 wheeler. The truck driver had stopped due to what he believed to be loose rebar. The truck driver inspected the truck and found it all to be intact. Meanwhile, our client did not observe the 18 wheeler directly stopped in front of him and rear-ended it at full speed.
The claimant was transported via ambulance to the nearest hospital with complaints of pain in their chest, back, knee, and stomach. After a thorough medical examination, the claimant was diagnosed with a T10 spine fracture, multiple rib fractures, and left leg laceration. The extent of his spinal fracture led them to undergo surgery.
The insurance carrier for the truck denied liability. Our client’s carrier found our client 100% at fault as well. The traffic officer found our client to be in violation of The claimant was discovered to be the cause of the accident by driving in violation of California Vehicle Code section 22350, which states: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable…having due regard for weather, visibility, the traffic on, and the surface and width of, the highway…” No associated fault was assessed to the truck driver. This case could have been dropped due to no liability but Managing Partner Samer Habbas refused to give up on our client.
Habbas raised several arguments to persuade the claims adjuster that it should pay out the policy limits of $750,000.00. First, an inspection of the scene revealed that there was a nearby gas station just off the exit that the truck driver could have pulled over at if he wanted to check the security of the rebar. Secondly, the truck driver failed to use any flares to alert oncoming vehicles of his presence. Lastly, the truck driver should have inspected the load and assured it was not loose prior to beginning the trip.
At first, the insurance carrier offered $25,000.00, indicating that it will only pay out the costs of defense. After several written exchanges, back and forth, Habbas was able to persuade the carrier to tender its policy limits of $750,000.00 without filing a lawsuit.
This case highlights the tenacity of Habbas. Regardless of how bleak a case may look, he is ever persistent in coming up with theories and strategies to obtain a just settlement for his clients.
AT-FAULT PARTY IN A REAR-END TRUCK ACCIDENT RECEIVES SIX-FIGURE SETTLEMENT IN LOS ANGELES COUNTY