Insurance company claims fraud after hit-and-run accident claim. $159K arbitration award.
Summary
After plaintiff makes his second UIM claim for a hit-and-run accident, insurer cries foul.
The Case
- Case Name: Michael Manes v. Allstate Northbrook Indemnity Company
- Court and Case Number: UM Arbitration
- Date of Verdict or Judgment: Tuesday, May 26, 2020
- Date of Arbitration Award : Tuesday, May 26, 2020
- Date Action was Filed: Friday, September 21, 2018
- Type of Case: Underinsured Motorist, Vehicles – rear-ender
- Judge or Arbitrator(s): R. A. Carrington
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Plaintiffs: Michael Manes, 59.
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Defendants: Allstate Northbrook Indemnity Company
- Type of Result: Arbitration Award
The Result
- Gross Verdict or Award: $159,508.09
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Economic Damages:
$42,068.09
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Non-Economic Damages:
$117,440
- Trial or Arbitration Time: 6 1/2 hours
The Attorneys
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Attorney for the Plaintiff:
McDonald Worlely, P.C. by Michael R. Dufour, Los Angeles.
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Attorney for the Defendant:
Law Offices of Gregory J. Lucett by Ani S. Garibyan, Glendale.
The Experts
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Plaintiff’s Medical Expert(s):
Kiarash Michel, M.D., urology.
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Defendant's Medical Expert(s):
Richard Shapiro, M.D., urology.
Gregory Lercel, M.D., orthopedic surgery.
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Plaintiff's Technical Expert(s):
John Gardiner, PhD, P.E., accident reconstruction.
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Defendant's Technical Expert(s):
Gregory R. Hora, P.E., accident reconstruction.
Facts and Background
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Facts and Background:
On December 5, 2017, at approximately 7:30 p.m., claimant was driving his 2006 BMW 750 LI eastbound on Pico Boulevard in Los Angeles. After passing through the intersection of Fairfax Avenue and Pico Boulevard, claimant was rear-ended by a white SUV with a large front bumper guard.
The adverse driver immediately fled the scene and claimant was unable to determine the SUV's license plate number. Claimant called 911 from the scene.
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Plaintiff's Contentions:
That an unidentified motorist hit claimant's vehicle.
Claimant's accident reconstruction expert/biomechanical engineer, John Gardiner of MEA Forensics, illustrated that, indeed, the property damage was consistent with the type of vehicle Mr. Manes described as having hit him.
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Defendant's Contentions:
Respondent contended that since claimant was in another hit-and-run accident in 2016, and thereafter increased his medical payments coverage from $5,000 to $25,000, that claimant was committing a fraud on respondent so that he would have funds to pay for a necessary surgical procedure.
Accident reconstruction expert, Gregory Hora, alleged that claimant's property damage was inconsistent with a rear-end collision. Mr. Hora testified and offered opinions in his reports that the property damage was consistent with contact to a rigid barrier or stationary object, rather than the vehicle described by Mr. Manes.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Aggravation of preexisting myofascial injuries, namely, claimant's entire back, neck, and left shoulder.
The surgery recommended after this accident was a completely different surgery (necessitated by the impact) than that which was recommended before the accident.
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Permanent damage to claimant's bilateral Interstim Implant (fractured electrodes), which rendered the implant nonfunctional.
Special Damages
- Special Damages Claimed - Past Medical: $42,068.09