How BWH Got Insurance to Pay for a Wreck-Related Injury

At a busy and tricky intersection in Macon, a collision led to shoulder issues for the victim in the case. While the at-fault driver’s insurance disputed the liability of the wreck and claimed the victim’s injury was pre-existing, Buzzell, Welsh & Hill attorney Chad Ethridge fought for his client to get the compensation he deserved.

It Happened at the Intersection of Pio Nono Avenue and Montpelier Avenue

The wreck occurred at the very busy intersection of Pio Nono Avenue and Montpelier Avenue. A driver traveling west on Montpelier, away from Downtown Macon, was crossing through the intersection. Another driver, traveling east on Montpelier, cut him off when turning left onto Pio Nono.

A collision occurred, causing damage not only to the cars but also to the victim’s shoulder. He needed medical care.

Disputed Liability From the At-Fault Driver’s Insurance Carrier

The at-fault driver’s insurance carrier disputed the liability of its customer, claiming a few things:

• The victim was really at fault for the wreck—the insurance carrier said the victim was speeding, swerving between lanes, and driving with bald tires, all of which ultimately caused the collision.
• The victim’s shoulder issues were pre-existing—the insurance carrier said the victim had shoulder pain before the accident, not because of it.

Insurance would not offer to cover the medical expenses our client desperately needed. The victim did not have medical insurance, but he needed shoulder surgery to address the pain. What he really needed was the insurance carrier to cover the bill.

Chad Got to Work for His Client

Chad knew his client was the victim of the collision and deserved compensation for his injuries. He gave a local surgeon the go-ahead to perform the shoulder surgery and assured the medical team that the settlement would cover the bill.

In investigating the incident, Chad discovered that the insurance carrier’s stances were both incorrect:

• The victim was not swerving between lanes before the accident. The intersection’s layout forces drivers traveling straight through to switch over to the right lane—had he stayed in the lane he was in, he would have been in the turning lane.
• The victim was not injured prior to the accident. The responding officer’s body cam footage showed the victim clutching his shoulder and complaining of new pain and shoulder problems in the shoulder area at the scene of the wreck.

It Was a Two-Year Fight

Chad battled the insurance company for two years until a settlement was reached. At first, Chad opted for mediation with the company. However, the company provided an offensively low settlement offer. While his client was willing to accept it, Chad knew a better outcome was possible because the case was strong enough to keep fighting for fair compensation. Chad and the client walked away from the deal, making litigation the next step.

After a lot of preparation, he and his client were ready for their day in court. But as that day arrived, the insurance carrier finally agreed to pay the client the settlement he deserved.

The Settlement

The client ended up receiving the full amount of the insurance company’s policy limits—$250,000.

Not only were his medical expenses covered, but the client and his wife now had funds to move to the coast, purchase a home in their new location, and get back to normal life.

The Fight for Fairness Can Be Long but Worth It

Even though his client was willing to take a much smaller settlement, Chad saw the value in sticking it out so that his client would ultimately receive just and fair compensation for an accident that was never his fault. While others may have caved or given up, Chad was glad to put in the work to ensure his client get the results he deserved.