$245,000 Bethlehem-Area Car Accident Settlement

$245,000 Bethlehem-Area Car Accident Settlement for Serious Neck Injury

Our Pennsylvania car accident lawyers recovered a $245,000 combined settlement for a client who suffered a serious neck injury in a T-bone collision at Pennsylvania Route 378 and Saucon Valley Road in Lehigh County near Bethlehem, Pennsylvania.

The recovery included:

The case involved several complications. The other driver was a teenager who did not personally have auto insurance, our client was already receiving disability benefits before the crash, and the liability insurer initially claimed that $72,000 was its final offer.

We rejected that position, developed the medical evidence supporting substantial future treatment, and ultimately recovered nearly all of the available liability coverage before pursuing an additional underinsured motorist claim.

Driver Struck After Stopping at a Red Light on Route 378

Our client was stopped at a red light at the intersection of Route 378 and Saucon Valley Road. When the traffic signal turned green, he released his brake and began to move forward.

Another vehicle then struck the front driver’s side of his vehicle.

The impact caused a serious neck injury that required our client to be admitted to an intensive care unit immediately after the accident. What began as an emergency hospitalization developed into an extended course of treatment involving hospital care, neurosurgical evaluation, rehabilitation, neurology, physical medicine, and interventional pain management.

Extensive Neck-Injury Treatment Through Lehigh Valley Medical Providers

Our client received treatment and evaluation through numerous medical providers, including:

• Lehigh Valley Hospital–Muhlenberg
• LVHN Hospital–Cedar Crest
• LVHN Neurosurgery
• LVHN Rehab Services
• LVPG Internal Medicine
• LVPG Neurology–Cedar Crest
• LVPG Pain Specialists
• Ambulatory Surgery Center of Bala Cynwyd
• CarePath Injury Center

The medical evidence was particularly important because our client had already been receiving disability benefits before the collision. The case therefore required a careful distinction between his pre-accident limitations and the serious neck injury, additional symptoms, treatment, and future medical needs caused by the crash.

A person does not lose the right to recover for a new injury merely because he had a prior medical condition or was already disabled. However, these cases must be supported by detailed medical records and credible evidence showing how the collision changed or worsened the person’s condition.

Teen Driver Had No Personal Insurance, but the Vehicle Was Insured

The teenage driver did not personally maintain an automobile insurance policy. However, the vehicle he was driving belonged to someone else and was covered by a liability policy with limits of $100,000.

That distinction was critical.

An uninsured driver does not necessarily mean that no liability coverage is available. When a driver is operating another person’s vehicle, an investigation must determine whether the vehicle owner’s policy, another household policy, or another source of insurance may cover the collision.

Here, we identified the liability coverage applicable to the vehicle and presented the claim to that insurance carrier.

Liability Insurer Claimed $72,000 Was Its Final Offer

Despite the ICU admission, extensive specialist treatment, and continuing neck problems, the liability insurer represented that $72,000 was its final settlement offer.

We declined to negotiate downward from the available $100,000 policy limits based on that offer. We viewed the claim as having a value greater than the liability coverage, particularly because the medical evidence supported the possibility of significant future treatment.

A report from a physical medicine and rehabilitation physician specializing in physiatry and interventional pain management outlined additional treatment recommendations. We advised the insurer that, unless it made a near-limits offer, we were prepared to retain an expert to calculate the projected cost of that future care.

Based on the treatment recommendations, we were confident that the projected medical expenses, when combined with the client’s past treatment, pain, limitations, and other damages, would support a claim exceeding the available liability limits.

Attorney Insight: Why We Rejected the Insurer’s “Final” Offer

The difficult issue was not simply proving that our client had a serious neck injury. Because he was already receiving disability benefits before the crash, the insurer could attempt to attribute his limitations and future care to his preexisting condition rather than the collision. We focused on the post-accident medical evidence, including the physiatry and interventional pain-management recommendations for future treatment. In our assessment, this was a potential surgical case with damages exceeding the available liability coverage. We advised the insurer that, if necessary, we would retain a qualified expert to calculate the future cost of the recommended care, an amount we expected would independently demonstrate that the claim was worth more than the policy limits.

The availability of underinsured motorist coverage also required a strategic decision. Accepting slightly less than the $100,000 liability limit could make sense if the reduction was minimal and allowed our client to proceed efficiently against his own UIM coverage. A $72,000 settlement did not accomplish that. We therefore insisted on a figure much closer to the policy limit, ultimately securing $95,000 before pursuing and recovering an additional $150,000 in underinsured motorist benefits.

Insurer Increased Its Offer From $72,000 to $95,000

Because our client also had underinsured motorist coverage available, there was a potential strategic reason to accept slightly less than the full liability limits if doing so allowed the case to proceed efficiently to the next insurance claim.

However, the insurer’s purported $72,000 final offer was nowhere close to an acceptable compromise.

We maintained that any settlement would have to be substantially closer to the $100,000 policy limit. The liability insurer ultimately increased its offer by $23,000, agreeing to pay $95,000, only $5,000 below its policy limits.

After resolving the liability claim, we proceeded with an underinsured motorist claim based on the position that the client’s injuries and damages exceeded the insurance available from the other vehicle.

Additional $150,000 Underinsured Motorist Recovery

We subsequently recovered another $150,000 in underinsured motorist benefits, bringing the client’s total settlement to:

$245,000

This case demonstrates why a serious Pennsylvania car accident claim should not end with the other driver’s insurance carrier.

Even when liability coverage exists, it may not be enough to compensate an injured person fully. Identifying and pursuing applicable underinsured motorist coverage can substantially increase the total recovery.

Key Issues in This Lehigh County Car Accident Claim

This case involved several issues that frequently determine the outcome of a serious Pennsylvania automobile accident claim:

• The person who caused the crash did not personally have auto insurance.
• The vehicle he was driving had separate liability coverage.
• The client had preexisting limitations and was already receiving disability benefits.
• The neck injury required immediate ICU care and extensive specialist treatment.
• A treating physician documented recommendations for future care.
• The liability insurer characterized a below-limits offer as final.
• The client had additional underinsured motorist coverage.
• The combined liability and UIM claims produced a $245,000 recovery.

The result depended on investigating every potentially available insurance policy, documenting how the accident affected a client with a preexisting disability, and presenting evidence of future medical needs before accepting the insurer’s claimed final offer.

Prior results do not guarantee a similar outcome. Every case depends on its particular facts, injuries, insurance coverage, and applicable law.

About The Author

Frank Santini

Frank Santini, Esq., is a highly accomplished personal injury attorney and the founder of Santini Personal Injury & Car Accident Law, specializing in personal injury law. A summa cum laude graduate of Stetson University College of Law, Frank is licensed in Florida and New Jersey and has earned recognition as a Rising Star” by Super Lawyers and high ratings from Martindale-Hubbell.
Education: Graduated cum laude from Muhlenberg College in Allentown, PA
Graduated summa cum laude from Stetson University College of Law
Professional Associations: Member of The Florida Bar
New Jersey Bar Association
Pennsylvania Bar Association
Experience: Founder of Santini Personal Injury & Car Accident Law, representing personal injury clients with dedication and expertise.

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