A woman driving on Oglethorpe Avenue in Athens, Georgia was seriously injured when another driver crashed into the back of her vehicle. The collision totaled her car and caused a severe neck injury that ultimately required cervical fusion surgery.
Our Athens car accident lawyers secured a $300,000 settlement, which was the combined policy limits of the at-fault driver’s insurance coverage with American Family Insurance and our client’s underinsured motorist coverage with Progressive. The settlement was more than four times her medical bills.
Case Summary
Location: Athens-Clarke County, Georgia
Accident Type: Rear-end car accident on Oglethorpe Avenue
Injury: Cervical spine injury requiring C4-5 anterior cervical discectomy and fusion (ACDF) surgery
Medical Issue: Aggravation of pre-existing cervical arthritis (osteophytes and spinal stenosis)
Insurance Coverage:
• $250,000 bodily injury liability coverage
• $50,000 add-on underinsured motorist (UM) coverage
Result: $300,000 total settlement (policy limits), more than four times the client’s medical bills
How the Athens Rear-End Car Accident Happened
The crash happened on Oglethorpe Avenue in Athens-Clarke County, Georgia.
Our client was stopped in traffic waiting for the car in front of her to complete a left turn. The driver behind her crashed into her vehicle, and the force of the impact pushed her car into the vehicle in front of it.
The wreck caused more than $19,000 in damage to her car, and the insurance company ultimately totaled her car.
Police cited the other driver for following too closely in violation of O.C.G.A. § 40-6-49.
Neck Injuries Caused by the Car Accident
Our client was a little sore after the crash but thought she would be fine. However, when she woke up the next morning, she was in serious pain, including:
- Neck pain
- Shoulder pain
- Upper back pain
She initially tried to manage her symptoms with over-the-counter medication, but when her pain persisted, she went to see Athens Orthopedic Clinic.
Medical Treatment and Cervical Fusion Surgery
The orthopedist diagnosed a neck strain/sprain and prescribed:
- Anti-inflammatory medication
- A Medrol DosePak: steroid medication to reduce inflammation, swelling and pain in her neck
She unfortunately didn’t get better and her neck pain began radiating into her arms and hands, which is a classic sign of a herniated cervical disc.
MRI Shows Degenerative Findings: Osteophytes and Spinal Stenosis
Her doctor then ordered an MRI of her neck, which showed the following at the C4-5 level:
- osteophytes, which are bone spurs that develop on the vertebrae of your spine due to arthritis and aging
- Stenosis: narrowing of the spinal canal due to arthritis and aging
Her doctor reviewed the MRI results and concluded that the osteophytes and stenosis were likely aggravating the nerves in her neck, causing her neck, arm and hand pain.
Aggravation of a Pre-Existing Neck Condition After a Car Accident
Osteophytes and stenosis are basically arthritis of the neck and back. They develop over time and are a normal part of the aging process. Just like you get arthritis in your hips and knees as you get older, you get arthritis in your neck and back.
Many people with osteophytes and stenosis in their neck and back do not have symptoms and live active and healthy lives. A car accident can aggravate the osteophytes and stenosis, making them painful and symptomatic. The law calls this aggravation of a pre-existing condition.
The doctor then ordered:
- Physical therapy
- Epidural steroid injections: where a strong steroid is injected into the spinal canal to calm down the inflamed nerves and make them less painful.
Unfortunately, our client’s pain didn’t improve and her doctor recommended surgery.
Surgical Intervention: C4-5 Cervical Fusion Surgery After Car Accident
She underwent an anterior cervical discectomy and fusion surgery, also called an ACDF surgery, which involved:
- Removing the damaged disc
- Inserting a metal cage
- Fusing the surrounding vertebrae with a metal plate and screws
The surgery was successful, but recovery required months of limitations on her activity followed by extensive physical therapy.
$250,000 Policy Limits Settlement with Liability Insurance
The at-fault driver had $250,000 in liability insurance with American Family Insurance.
We requested all of our client’s medical records and bills and sent a settlement demand to the other driver’s insurance. They agreed to pay the full $250,000 available under the policy.
$50,000 Policy Limits Settlement with Progressive Underinsured Motorist Coverage
Our client had $50,000 in uninsured / underinsured motorist coverage with Progressive.
There are two types of UM coverage: add-on / excess UM that stacks on top of the other driver’s coverage and reduced by / difference in limits UM that is reduced by the other driver’s insurance.
Fortunately, our client had add-on / excess UM coverage. We sent Progressive a settlement demand and they agreed to pay the $50,000 UM policy limits, making for a combined $300,000 settlement.
Frequently Asked Questions
Why was the settlement limited to $300,000?
The settlement was the total of the at-fault driver’s insurance policy limits and our client’s uninsured / underinsured motorist coverage. Insurance policy limits usually determine the maximum recovery available, regardless of injury severity.
What are the different types of uninsured / underinsured motorist coverage?
There are two types:
- Add-on/excess: stacks on top of the at-fault driver’s liability insurance. Recommended.
- Reduced-by / difference in limits: reduced by the at-fault driver’s liability insurance. Not recommended.
Does neck pain that radiates into the arms mean something serious?
Radiating pain can indicate a herniated disc and should be evaluated by a medical professional.
Can I recover compensation if I had arthritis or a pre-existing neck condition before the car accident?
Yes. Under Georgia law, you can recover compensation if a car accident aggravates a pre-existing condition and makes it worse. Many people have age-related conditions like arthritis, osteophytes, or spinal stenosis and live active and healthy lives without pain or limitations. If a car accident aggravates the pre-existing condition and makes it painful, the at-fault driver is legally responsible.
Injured in a Car Accident in Athens, Georgia?
If you were injured in a car accident in Athens or Athens-Clarke County, early action matters. Medical documentation, insurance coverage, and legal deadlines can all affect your recovery.
Contact an experienced Athens car accident lawyer to discuss your case.