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San Diego Car Accident With Low Property Damage and Shoulder Surgery

$100,000 (Policy Limits)

Our client was stopped at a stop light along Palm Avenue in Imperial Beach when her car was hit from behind by another vehicle. The car crash did not do much visible damage to either car--something the insurance companies usually try to use to argue that the force of the crash was not sufficient to cause injury. The total amount of property damage to our client's vehicle was less than $1,000.

Even more unusual, our client's main complaint was an injured right shoulder. Usually, a driver experiences pain in their left shoulder as the seat belt compresses the clavicle during a car crash. The right shoulder is usually not involved since there is no belt or pressure along that shoulder. Our client claimed that the pain in her right shoulder was caused when her right arm jammed into the stick shift while she was stopped.

As a result of the collision, our client underwent chiropractic care to address pain in her back and neck and followed up with an orthopedic doctor for her right shoulder complaint. Ultimately, she underwent right shoulder surgery and took considerable time off from her work as a rental car fleet manager. Based upon these facts, we obtained a policy limit settlement with the other driver's insurance company for $30,000. We then made an underinsured motorist claim through our client's own insurance company and obtained its' policy limits of an additional $70,000 for a total compensation of $100,000.

Awarded: $100,000 (Policy Limits)

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