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Uninsured Motorist Arbitrations

On Behalf of | Mar 15, 2012 | Results

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Brian Powers recently was successful in two binding uninsured motorist arbitrations. In both, the claimants were represented by the same law firm. This first case involved three claimants who asserted significant injuries and their attorney requested awards of more than $100,000 for each. All were initially treated in the emergency room at UC Davis Medical Center. One of the claimants had surgeries of his right shoulder and right knee, but causation was disputed. The arbitrator favored this claimant and awarded $63,588; the offer was $17,500 so this was disappointing. Another of the claimants had steroid injections in his left shoulder and lumbar spine and a right knee arthroscopy. The arbitrator awarded $50,000; the offer was $50,000. The third claimant’s treatment included a left knee arthroscopy performed by Philip Orisek, M.D, for a medial meniscus tear and multiple diagnostic studies for other alleged injuries. The offer was $70,000 and the arbitrator awarded $81,038.

In the second arbitration, the claimant alleged numerous injuries and Philip Orisek, M.D., stated in a report and testified at deposition that the claimant would benefit from C6-7 anterior cervical discectomy and disc replacement as well as a 2-level lumbar fusion. The injuries and need for treatment/surgery were disputed and we asserted that all of the medical providers significantly overcharged the claimant. The demand was the $75,000 residual policy limit, the offer was $10,000, and the arbitrator’s award was $19,784.