In multi-pronged case, rear-seat passenger wins maximized settlement of $807,500

April 5, 2022

In a painful reminder that it’s not just front seat occupants at risk in a traffic accident, a Moss & Colella client, a 45-year-old woman, suffered serious neck and back injuries while a back-seat passenger with two other occupants in the car. She took the direct impact of an oncoming vehicle that T-boned her passenger side rear door at high speed. What was meant to be a solemn trip to a memorial service was violently disrupted and the life of this woman was irrevocably changed.

Working with my Moss & Colella colleague, Ryan Piekarski, we sued the driver of the car our client was riding in as a passenger.  This driver negligently turned directly into the path of the other vehicle to enter the cemetery.  The driver failed to observe the other vehicle approaching and a collision occurred.  Claims were also brought against the driver of the striking vehicle since a dispute as to who caused the accident was likely to arise.  It was also necessary to determine the appropriate no-fault insurance carrier responsible for paying the passengers no-fault benefits, since she didn’t have insurance coverage of her own.

This case is a prime example of why knowledgeable, experienced trial counsel is necessary to obtain the maximum settlement in a case. The insurance companies for both drivers were in dispute as to who was at fault for causing the accident. Further, the no-fault insurance company sought to minimize payment of the applicable benefits for the passenger - an innocent victim of both drivers’ combined negligence.

Working aggressively on behalf of our client, we were successful in obtaining a combined settlement of $582,500 between the two drivers, and an additional $225,000 settlement from the no-fault insurance carrier for payment of the passenger’s benefits. Recognizing how to maximize a recovery from all potential defendants was key to resolving this case so favorably for our client. Don’t settle for an attorney that will do anything less.

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About the Firm

The attorneys of Moss & Colella have carefully chosen their career paths to fight for those that have suffered from injury and wrongful death. We believe every citizen should have the right to hire the best lawyer who will actively advocate for their case.

David Moss and Vince Colella have over 60 collective years of personal injury trial experience that provides you a level of legal services and success unmatched by other firms. By working together, we have the ability to find creative, effective, and efficient solutions to even the most complex cases. No matter what situation you face, we will help you get through it.

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