On the morning of October 10, 2020, our client decided to go on a leisurely bike ride through Highland Park, with two of her close friends. While cruising Southbound on St. Johns Avenue, approaching Laurel Avenue, our client suddenly noticed a vehicle pop out from the right side of the roadway and attempt to make a u-turn, directly in the path of her bicycle. In an effort to avoid striking the vehicle, our client slammed on her brakes, which caused her bicycle to flip over, sending her face directly into the pavement. As a result of this bicycle accident the impact our client suffered a severe jaw fracture, requiring surgery, a gumline fracture, a shoulder strain, requiring extensive therapy, and a several stiches to her chin. Our client also required the replacement of three teeth and was left with an appreciable scar to her chin.
The tortfeasor’s insurance initially denied the claim based on the fact that our client’s bicycle never made contact with their insured’s vehicle; calling her attempts to avoid such a strike “an overreaction.” After filing a lawsuit, we were able to identify and depose an independent witness, who was having coffee across the street at the time of the incident, that corroborated our client’s version of events. This ended up being the crucial witness to having the defendant’s carrier tender the entirety of their policy. Following that, we pursued an underinsured motorist claim through our client’s own insurance which, after several discussions regarding the evidence uncovered in the underlying case, and a physician’s statement regarding the severity of her mandible fracture, agreed to tender their portion.
It was at this point that our office intended to pursue our client’s umbrella policy, which our office had kept abreast of all developments throughout. Our demand to settle with that carrier was met with yet another denial: “I’ve reviewed the medical records, photos, and statements you sent, and it seems the $250,000 that has already been tendered is more than appropriate compensation for the injuries.” Following a demand for arbitration, and the procurement of a statement from our client’s oral surgeon, the carrier agreed to open up discussions. After several months, we were finally able to come to terms on a $375,000.00 settlement for our client. Through persistence, zealous advocacy, and diligence we were able to recover full justice for our client.
