Case Overview
A driver who failed to yield caused a crash that seriously injured our client’s lower back and ultimately required surgery. We secured a $400,000 settlement—five times her medical bills—including $100,000 from the at-fault driver’s insurance and $300,000 in uninsured motorist coverage. The insurance company initially offered just $46,000.
The lawsuit was filed in Walton County, a conservative county not known for significant verdicts and settlements. This case shows how a Georgia car accident claim can involve multiple layers of insurance coverage.
The Wreck
The crash occurred on Highway 81 when the at-fault driver turned left out of a shopping center and failed to yield to our client. The driver’s vehicle struck our client’s car, forcing it off the roadway and into a ditch and causing nearly $10,000 in damage.
The Walton County Sheriff’s Office investigated the crash and cited the at-fault driver for failure to yield, so liability was not disputed.
Injuries and Treatment
Our client’s lower back was hurt in the wreck. She didn’t think it was serious enough to go to the hospital but instead went to Peachtree Urgent Care. The doctors there diagnosed her with a sprain / strain of her lower back and gave her prescriptions for anti-inflammatory and pain medication and advised her to follow up with an orthopedist if she continued having pain.
When the pain didn’t go away, our client went to Resurgens Orthopedic Clinic. Her lower back pain was now radiating into her leg so the doctor ordered an MRI which showed:
- L2-3 vertebrae: Spondylosis, meaning arthritis and degeneration, which was pressing on the thecal sac, which is the membrane that surrounds the spinal cord
- L5-S1 vertebrae: spondylosis causing neural foraminal stenosis. This means that the openings on the side of the vertebrae were narrowing due to arthritis and compressing the nerves, which can cause pain and numbness
Treatment Course
Our client’s treatment included
- Prescription anti-inflammatories and pain medication
- Multiple physical therapy appointments
- Multiple epidural steroid injections
When medication, physical therapy and the injections didn’t help with the pain, the doctor recommended lower back surgery.
- Lumbar surgery (L5-S1 laminotomy/foraminotomy)
Aggravation of pre-existing conditions
Our client was in her late 50s at the time of the wreck and was active and healthy for her age. The MRI showed she had normal age-related arthritis of her lower back. The wreck aggravated the arthritis, making it painful. The law calls this aggravation of a pre-existing condition.
We used our client’s medical records from the years before the wreck to show that she didn’t have lower back pain. We then secured testimony from her surgeon that the wreck aggravated the pre-existing conditions in her back.
Insurance Coverage Issues
At-Fault Driver Coverage
The at-fault driver had $100,000 in liability insurance with State Farm. We tried to resolve the case before filing a lawsuit but State Farm offered just $46,000. After we filed a lawsuit and secured testimony from our client’s doctor, State Farm agreed to pay the $100,000 policy limits.
Personal UM Coverage Denied
Our client also had her insurance policy with State Farm that had uninsured motorist coverage. However, State Farm denied coverage for the wreck:
- The policy required timely notice of the accident
- The client did not know about this requirement and did not retain our firm until months after the accident
- State Farm filed a motion seeking a ruling that it owed no coverage
- The court ruled in State Farm’s favor
This eliminated a significant additional source of recovery for our client.
Alternative UM Coverage (Work Vehicle)
Because State Farm denied UM coverage under our client’s personal policy, finding another source of insurance coverage was critical.
Our client worked for a property management company and was driving a company vehicle at the time of the crash.
Because she was driving a company car, she was covered by her company’s automobile insurance policy with Travelers Insurance Company. Most importantly, that policy had a significant amount of uninsured motorist coverage.
After State Farm denied coverage, we pursued UM coverage under the Travelers’ policy and secured a $300,000 settlement.
How We Maximized Recovery
- Rejected a low pre-suit offer and filed a lawsuit
- Secured testimony from the treating surgeon that the crash caused our client to need surgery
- Identified uninsured motorist coverage under the employer’s vehicle policy after the denial of personal UM coverage
- Recovered $300,000 in additional uninsured motorist coverage
Key Takeaways
- Uninsured motorist coverage can come from multiple sources, not just your personal policy
- Notice requirements matter—failing to notify your insurer can eliminate coverage
- Being in a work vehicle can open additional UM coverage
- Even when one policy is lost, other coverage may still be available
Frequently Asked Questions
What happens if I don’t notify my insurance company about an accident?
Many UM policies require prompt notice. If you fail to provide it, the insurer may deny coverage—and courts in Georgia may enforce that denial depending on the facts.
Can I still recover if my own UM coverage is denied?
Yes. You may still have coverage through:
- A vehicle you were occupying
- A household family member’s policy
- An employer’s policy
Each must be evaluated separately but you must give the insurance company timely notice of the claim or they may deny coverage.
Can I make a UM claim if I was in a work vehicle?
Yes. If you were occupying a work vehicle at the time of the crash, you are often considered an insured under that vehicle’s UM policy.
Can more than one uninsured motorist policy apply to the same accident?
Yes. In some cases, multiple UM policies may apply—such as a personal policy, other household policies and a policy covering the vehicle you were in. However, coverage depends on the policy language and whether notice requirements are met.