Brooklyn Car Accident Settled for Policy Limits
Brooklyn T-bone Car Crash
In this case, plaintiff was travelling with a green light when she was broadsided at an intersection by a vehicle that ran a red light, forcing the plaintiff into a car travelling in the opposite direction as her.
The plaintiff underwent a course of treatment and eventually a rotator cuff repair surgery.
Litigation was initiated against the tortfeasors. Their insurance carrier was Country-Wide Insurance, a carrier notoriously known for refusing to settle cases and for forcing a vast majority of cases to trial.
During discovery, the defendants failed to appear for their deposition and DiMartini moved the court seeking to preclude them from testifying at the time of trial. The court granted the motion.
In summary, the case came down to DiMartini having a 40 year-old woman with no prior injuries or conditions having been T-boned in a Brooklyn car accident, undergoing a rotator cuff repair surgery, a witness verifying plaintiff’s version of the accident, the defendants being precluded from testifying at trial, a $25,000.00 liability policy limit and a supplemental underinsurance policy limit of $250,000.00.
At the trial conference, under these circumstances, Country-Wide agreed to settle the case for their policy limits leaving DiMartini free to pursue the supplemental underinsurance portion of the claim.