Santa Ana, Orange County, Calif. — Managing Partner, Samer Habbas of the Law Offices of Samer Habbas & Associates obtains a total settlement of $865,000 for a claimant in a Rideshare rear-end accident with an underinsured motorist (UIM).
The claimant was a rear-passenger in a rideshare vehicle, traveling northbound on I-5 heading towards LAX. At around 3:30 am, the vehicle carrying the claimant was rear-ended by a driver who fell asleep behind the wheel while traveling at a fast speed. The impact then pushed the claimant’s vehicle into the concrete center divider, which then caused their vehicle to spin out across the freeway.
First responders were called to the scene and statements from all parties involved were collected in a traffic collision report (also known as a police report). The defendant admitted on record that he fell asleep while driving and briefly woke up when he felt an impact to the front of his vehicle. The claimant was treated by on-duty medical staff then transported by ambulance directly from the scene of the accident.
The claimant arrived at the nearest hospital with immediate complaints of neck and chest pain. After a thorough examination, he was diagnosed with a herniated lumbar disc, mild traumatic brain injury (MTBI), and an acute meniscus tear of the right knee. Two years prior, the claimant had undergone anterior cruciate ligament (ACL) reconstruction surgery that was fully healed at the time of the collision. As a result of the rear-end accident, the claimant’s right meniscus was reinjured, which required an arthroscopic meniscectomy procedure. He also suffered from severe lower back pain with lumbar radiculopathy. In an attempt to alleviate the pain, he had one lumbar epidural injection.
The claimant had been examined and treated by multiple specialists, and it was clear that he will continue to do so past the length of this legal claim. Habbas was determined to recover the damages his client sustained, as well as reparation for lasting trauma. With medical records that present correlating damages, in addition to the defendant’s recorded confession in the police report, liability was concrete. Habbas swiftly tendered the defendant’s full policy limits of $15,000.
The damages exceeded the $15,000 third party policy and thereafter Habbas pursued an Underinsured Motorist claim with the client’s own carrier. The first offer presented by the underinsured motorist carrier was $450,000. Habbas knew that his client’s case was worth much more than what was offered. The offer was rejected and Habbas continued to pursue the case to arbitration. Without coming off his demand a single time, Habbas ultimately got the carrier to raise its offer 3 times and ultimately offer $850,000, securing a global settlement of $865,000.
REAR-END RIDESHARE ACCIDENT WITH UNDERINSURED MOTORIST CAUSED MILD TRAUMATIC BRAIN INJURY IN SANTA ANA, ORANGE COUNTY
REAR-END COLLISION WITH UNDERINSURED MOTORIST CAUSED LUMBAR RADICULOPATHY IN NORCO, CALIFORNIA