Case Study: Once Again Allstate Tries To Avoid Paying A Legitimate Claim

In November 2003, 36 year-old Christina Hoover* was driving
in the west bound lanes of Interstate 90 about 2 miles west
of Cle Elum. Her husband was riding in the front passenger
seat. The defendant, Sally Hinkle, was driving her vehicle
in the adjacent lane but 3 to 4 car lengths ahead. The
defendant then suddenly changed lanes in front of Ms.
Hoover, causing her to lose control, spin 180 degrees and
come to a stop sideways in the middle lane. Following
behind was a 33 foot motor home towing a Jeep truck. The
motor home could not stop in time and T-boned Ms. Hoover's
vehicle sending it spinning back into the cement jersey
barrier.

The defendant was insured by Allstate Insurance Company.
Allstate's lawyer denied that the defendant was responsible
for causing the collision and claimed that a trucker moved
into her lane, causing the defendant to make an emergency
lane change into Ms. Hoover's lane.

Mr. Davis tracked down the motor home driver and his wife.
These witnesses did not support the defendant's version of
the accident. They stated that the defendant made an abrupt
lane change without being forced over by the truck. Mr.
Davis also took the deposition of the Washington State
Patrol Trooper who investigated the collision. The Trooper
also stated that truck driver had nothing to do with
causing the collision and that the defendant was solely to
blame. Despite these witness accounts, Allstate refused to
concede liability thereby forcing Ms. Hoover to go to trial.

Ms. Hoover received severe "whiplash" injuries to her
cervical spine. An MRI revealed "cervical kyphosis" or the
abnormal curvature of the spine. The MRI also showed a
"disc protrusion" or herniation at C5-6. Ms. Hoover could
not return to work as a self-employed cleaning lady. She
incurred medical expenses of approximately $23,000 over a 3
year period.

Before a lawsuit was filed Ms. Hoover was willing to accept
$25,000 to settle her claim, but Allstate refused. Several
months after filing suit, Ms. Hoover again offered to
accept $25,000 to settle her claim. Allstate refused again.

The jury found that Ms. Hinkle was 100% responsible for
causing the accident and rejected her claim that the truck
driver was at fault. The jury's verdict was for $379,664.
The judge then awarded attorney fees and expenses of
$107,887, bringing the total verdict to $487,550.

The plaintiff was represented by her attorney Christopher
Michael Davis of Bellevue. Allstate hired John C. Moore of
Seattle to defendant Ms. Hinkle. *Names have been changed
to protect our client's privacy.


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Mr. Davis is the founder of the Davis Law Group. He brings
over 15 years of practical yet innovative experience to
personal injury cases. He practices law in Seattle, WA.
http://www.InjuryTrialLawyer.com .