Rickey was a hardworking, physically capable person who’d been driving trucks for years. The last thing he expected, while driving not too far from his own home, was to be hit nearly head-on in a car accident and end up with life-altering injuries. But that’s exactly what happened.
After the crash, Rickey turned to his insurance company to get the financial coverage he needed only to get the runaround as they tried to get out of honoring a policy they’d recently sold him.
Rickey needed help. So, he called Andy Citrin.
Rickey’s Injuries Aggravate a Rare Nerve Condition
Rickey was out driving near his home one September day, navigating a road he knew well. Suddenly, an oncoming car flew around a bend in the road, taking the turn wide. The driver hit Rickey’s vehicle almost directly head-on.
Miraculously, Rickey was in one piece after the crash, but there was definitely something wrong: Rickey was showing possible signs of a heart attack. The ambulance took him to the hospital, where doctors confirmed that he was having a panic attack.
Rickey left the hospital thinking his health was in the clear. However, the panic attack masked signs of other injuries—making his recovery more complicated.
A day after the accident, Ricky had notable pain in his shoulder and arm, and hand. He went to his doctor, who sent him to an orthopedic surgeon. The orthopedic surgeon suspected something was happening with Rickey’s nerves and sent him to a neurologist.
The neurologist made a startling discovery. Not only had Rickey suffered nerve injuries in the crash, but that he had been living with a rare nerve condition called an all-ulnar hand. People with an all-ulnar hand don’t have complete nerve strength and can often experience debilitating pain and weakness. However, Rickey’s ulnar nerve compensated for the weakness around it, so Rickey never realized he had a rare condition. However, the crash aggravated the ulnar nerve, and Rickey was unable to use his hand without extreme pain. Rickey was devastated.
To Rickey, his family, his doctors, our legal team, and even the at-fault driver, it was clear that the accident that had drastically changed his life—and it wasn’t Rickey’s fault. However, Rickey’s insurance company had other opinions.
Rickey’s Own Insurance Company Insists They Don’t Have to Honor His Policy
The doctors wrote notes, explaining that Rickey could not work due to the pain in his hand. The at-fault driver accepted his liability without argument, and his insurance company didn’t fight back on using liability coverage to pay for Rickey’s losses.
The whole process went smoothly until we tried to file a claim with Rickey’s own insurance company. Because the at-fault driver’s policy wasn’t enough to cover all of Rickey’s damages, we turned to his own underinsured motorist (UIM) coverage—a policy option that we typically recommend every driver carry to protect themselves in situations like these.
To Rickey, his family, his doctors, our legal team, and even the at-fault driver, it was clear that the accident that had drastically changed his life—and it wasn’t Rickey’s fault. However, Rickey’s insurance company had other opinions.
Rickey had recently taken out his policy and paid to keep it in full effect. He was proactive and took this extra step to protect himself at his own expense. The insurance company had other ideas.
The Insurance Company Says Rickey’s Age Disqualifies Him From Using His Own Insurance Policy
Using the UIM coverage should have been no problem for Rickey. When he bought the policy, less than a year before the accident, no one told him his age might be an issue should he ever need to use it.
However, the company said they wouldn’t pay for the injuries of a 69-year-old man who had pre-existing conditions—referring to Rickey’s all-ulnar hand as well as arthritis.
Our team knew this excuse was absurd. While Rickey had a typical amount of arthritis for a person of his age, neither his arthritis nor his all-ulnar hand had led to any problems until the accident. Furthermore, Rickey was 69 when he opened the policy. Arthritis is so common for people of this age; if an insurance policy hinges on the existence of arthritis, why even sell it to him?
We simply wouldn’t stand for this kind of treatment of our client.
RELATED: 6 Reasons the Insurance Company Denied Your Auto Insurance Claim After a Crash (and What to Do Next)
Andy Citrin Injury Attorneys Prepares to Go to Trial, but Settles at the Last Minute
Our team was confident we could win on Rickey’s behalf, and fully prepared to take the case to trial. We knew we could convince a jury of the absurdity of their age-based defense.
Then, at the very last minute, Rickey’s insurer decided to offer a fair settlement, rather than take any risks going to trial. In the end, we won more than $270,000 on Rickey’s behalf.
Our team was confident we could win on Rickey’s behalf, and fully prepared to take the case to trial.
We were honored to help Rickey secure the money he was owed for enduring so much pain and losing the ability to do many things he enjoyed.
Contact Andy Citrin Injury Attorneys Today for Help in Mobile, and Across Alabama and Mississippi
If you or someone you love are dealing with bills, pain, or difficult insurance companies after an accident, you might have a personal injury claim. The lawyers of our firm are ready to listen and help you determine the best way forward.
To schedule your free consultation, please call (251) 888-8888 or complete the easy contact form on our website. We’re ready to listen to you!
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
