Brain injury: Family had difficult time with insurance claim

On Behalf of | Jul 26, 2018 | Brain Injury |

When a motor vehicle accident occurs, the insurance company for the driver deemed at fault is typically responsible for damages on both vehicles and documented personal injury claims, up to the limits of the policy. Most policies have a limit on medical expenses that will be paid, and one Florida family became familiar with policy limits over the last several years. Sadly, their daughter suffered a serious brain injury when she was involved in a car accident, and they had a difficult time navigating a claim against the negligent driver’s insurance.

The woman was involved in a car wreck and suffered a serious brain injury, resulting in air transportation for medical care and many days in the intensive care unit. Following the investigation, it was clear that another woman was at fault for the accident. The woman was covered by her mother’s Geico insurance policy, and the insurance company was involved within 48 hours of the investigation. Reportedly, a field investigator visited the injured victim in the intensive care unit a week following the accident.

When the parents filed a claim with Geico, the insurance company apparently refused to pay up to its limit. The insurance policy had a $250,000 per person limit and a $500,000 per accident limit. Because the family knew that the medical bills and transportation following the accident well exceeded the policy limit, they sought the assistance of lawyers. The case proceeded through litigation and ultimately it was determined by a jury that Geico acted in bad faith by not paying out the limit to the victim’s family. A judge ordered a monetary judgment for Geico to pay $2.9 million to the family, and the judgment was recently upheld in an appeals court.

It is understandably overwhelming to face the expensive medical bills for a brain injury as well as a struggle with an insurance claim. Many families do choose to seek the assistance of a Florida personal injury attorney. Attorneys can explain the best legal options to help a family receive the compensation it needs for the care of a loved one.


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