As we further explain in the ‘trial details’ below, the case was ultimately taken to court because our client’s own insurance company failed to justly compensate him and his son for their injuries through the policy’s underinsured coverage.
This case and trial serves as important reminders that insurance companies do not take sides with regard to accident and injury claims. Their goal is to collect premiums from their insured and pay as little as possible when claims arise.
Car accident details
According to the accident report diagram filed by the Indianapolis Metro Police Department, the drunk driver was traveling southbound on North Gray Street at the time of the collision. Unfortunately, North Gray Street is a one-way street for northbound traffic.
Our client was traveling eastbound on East New York Street when, according to a witness and evidence at the scene, the drunk driver sped through the intersection of North Gray Street and East New York Street. When our client attempted to pass through the same intersection he was struck in the front quarter panel on the driver’s side of his car.
The defendant was traveling at such a high rate of speed that his vehicle continued to travel southeast, leaving the road, striking a stop sign, and then a tree.
Our client’s vehicle was struck with such force that it spun a full 360 degrees.
The investigating officer’s report estimated the total property damage of the vehicles to be $25,000.
Additionally, the police report listed the following contributing circumstances as a cause for the accident:
- Alcoholic beverages
- Unsafe speed
- Failure to yield
- Wrong Way on One Way
Blood tests revealed that the drunk driver had a .12 blood alcohol content.
This level of intoxication causes emotional instability and severely impacts a person’s ability to use their critical thinking skills. Their vision is also impaired and motor skills are significantly reduced.
The impact of the collision left our client with serious neck and back injuries that required an emergency room visit followed by 3 months of chiropractic treatment at Health 1st.
Our client’s young son was also in the vehicle with him at the time of the accident and also sustained minor injuries. He required a visit to the emergency room to be checked out by doctors. Luckily, his injuries were deemed to be minor.
Unfortunately, the accident also left two passengers in the drunk driver’s vehicle with major injuries. One passenger was reported to have suffered a fractured neck, while the other received internal head injuries.
All Indiana drivers are required by law to carry a minimum amount of insurance on their vehicle for various factors, e.g., property damage, injuries, etc.
The minimum amounts for bodily injury liability are $25,000 per person and $50,000 per accident. However, because several people were injured in the accident, the drunk driver’s insurance policy was quickly maxed out and did not adequately compensate our client for he and his son’s injuries.
Attorney Boulton turned to his client’s own insurance company to seek additional compensation through the policy’s underinsured coverage. The client’s insurance company believed the offer made by the defendant’s insurance company was sufficient. Because they refused to make any additional offer on his client’s injuries, Boulton Law Group filed a lawsuit to take the case to court.
The trial was presented to an Indianapolis jury in Marion Superior Court 10, Civil Division.
With liability not in dispute, attorney Boulton presented the jury with a professional summary and timeline of his client’s injuries and medical treatment related to the accident. His experience in pursuing underinsured coverages for injured people served as an asset to the client’s case.
Ultimately, the jury found in favor of our client and ordered the insurance company to pay additional monies to fully compensate he and his son for the injuries caused by the drunk driver.
Questions about an injury claim?
Before you speak to an insurance company about your accident and injury claim, Boulton Law Group strongly recommends you seek out an experienced personal injury attorney to review your claim, answer all your questions, and provide guidance.
Attorney Boulton has more than 20 years’ experience in handling personal injury claims throughout the state of Indiana. Unfortunately, a number of his clients have been injured by drunk drivers.
No matter the size of the accident, or type of injury, Boulton Law Group offers a Zero Fee Guarantee to those seeking advice or representation against the insurance company. This means that you will never be charged a consultation fee, and the only way our firm receives payment for its legal counsel is after we make a recovery on your behalf.
To speak to attorney Boulton today, call him direct at 317-350-2680, or write to us by using our confidential contact form. We look forward to going to work for you.
Attorney Matt Boulton is an award-winning personal injury attorney with more than 20 years of experience helping seriously injured people throughout Indiana reclaim what was taken from them. His firm was created for for the client who expects exceptional service and passionate, successful legal representation.