Baxley Maniscalco Attorneys At Law
Uninsured/Underinsured Motorist (UIM-UM) cases in Alabama can result in significant verdicts for injured plaintiffs seeking compensation for auto negligence. However, these cases are often complex due to the involvement of multiple insurance policies and coverage limits.
The following is a comprehensive collection of important UIM-UM case data in Alabama by year and county.
Factors Affecting Verdict Value
The following factors can significantly impact UIM-UM case value:
- Severity of Injuries: More severe injuries typically lead to higher verdicts.
- Medical Expenses: Documented medical bills strengthen your case.
- Lost Wages: Compensation for income lost due to injuries is recoverable.
- Pain and Suffering: Physical and emotional distress can be significant factors.
- Policy Limits: Available UIM-UM coverage limits may cap potential recovery.
- Offsets: Settlements with at-fault drivers may reduce the final award.
The following is not to be construed as legal advice. If you are involved in a UIM-UM claim in Alabama, you should contact a personal injury attorney.
2022
Jefferson County
Three UIM-UM cases were resolved in 2022 in Jefferson County, Alabama.
Case 4940: Malone v. Progressive Insurance
Incident: Deegan Malone was driving north on I-59 near the I-65 on-ramp when Kayla Warren, attempting to merge onto I-59 from I-65, collided with a freight truck. This impact caused the truck to collide with Malone's vehicle. Malone claimed injuries to her neck, shoulder, back, hips, legs, and chest.
Outcome: The jury awarded Malone $150,000. Malone had previously settled with Warren for her $100,000 policy limits. Progressive filed a post-trial motion to apply a set-off for the $100,000 settlement and to reduce the remaining balance to the UIM policy limits of $25,000. The final resolution was not clear from the record, but the parties ultimately settled the matter.
Analysis: This case demonstrates the complex interplay between settlements with at-fault drivers and UIM coverage, as well as the potential for post-trial motions to significantly reduce jury awards.
Case 4941: Gray v. State Farm
Incident: Isadore Gray was injured in a five-vehicle crash caused by Micah Stinson, an uninsured driver fleeing police at high speed. The crash occurred when Stinson illegally entered an intersection on the wrong side of the road. Gray suffered various injuries, incurring medical expenses of $37,766.
Outcome: The jury awarded Gray $325,000, consisting of $225,000 in compensatory damages and $100,000 in punitive damages. However, the court reduced the award to Gray's UM policy limits of $50,000, plus costs.
Analysis: This case illustrates the potential for punitive damages in UM cases involving egregious conduct, but also highlights how policy limits can drastically reduce large jury awards.
Case 4942: Humber v. Mid-Century Ins. Co., et al.
Incident: David Humber was rear-ended by Michael McCarrell on Jaybird Road in Jefferson County. Humber suffered soft-tissue injuries, with medical expenses of only $1,873. The case involved both underinsured and uninsured motorist claims, though the basis for the UM claim was unclear from the record.
Outcome: The jury awarded Humber $1,400,000 against Mid-Century Insurance on the UM claim while finding in favor of McCarrell. The court reduced the award to the UM policy limits of $75,000.
Analysis: This case is notable for the extremely high ratio of the verdict to the plaintiff's medical expenses, as well as the jury's decision to find against the insurer on the UM claim while exonerating the alleged at-fault driver.
Mobile County
Three UIM-UM cases were resolved in 2022 in Mobile County, Alabama.
Case 4957: Fell, et al. v. Allstate
Incident: Robert Fell and Sabrina Hare (35 weeks pregnant) were rear-ended by Kyle Maynard, a drunk driver, while stopped at a red light in Fairhope. Sabrina suffered soft-tissue injuries, headaches, and a mild traumatic brain injury, with medical bills of $54,500. She also delivered her baby prematurely ten days after the accident. Robert suffered a C3-4 disc injury and a mild brain injury, with medical bills of $33,538.
Outcome: After settling with Maynard for his $100,000 policy limits (split three ways), the jury awarded Robert $123,000 and Sabrina $117,500. These amounts were reduced by their $33,333 settlements with Maynard.
Analysis: This case demonstrates how UIM claims can provide additional compensation beyond at-fault drivers' policy limits, especially in cases involving serious injuries and drunk driving.
Case 4958: Nall v. State Farm
Incident: Christopher Nall was driving a 2004 Chevrolet Avalanche on I-65 in Mobile County when he was rear-ended by a semi-tractor trailer owned by H.G. Companies & Assurance, LLC. The truck was operated by either Jose Padillo MaGallan or Jorge Guerra-Garcia, both employees of Truck King Transport. The collision occurred between Celeste Road and Hwy 158. The exact nature of Nall's injuries and medical expenses were not specified in the record, but they were significant enough to warrant a substantial verdict.
Outcome: The jury awarded Christopher Nall $2,249,930 in damages and his wife, Amy Nall, $224,993 for loss of consortium, totaling $2,474,923. The court scheduled an evidentiary hearing to determine the appropriate set-off to apply, and the plaintiffs filed a post-trial motion for costs of $30,004.
Analysis: This case demonstrates the potential for very large verdicts in UIM cases involving commercial vehicles, especially when loss of consortium claims are included. It also highlights the importance of post-trial proceedings in determining the final amount a plaintiff may receive.
Case 4959: Pryor, et al. v. State Farm
Incident: On December 1, 2019, Isha Pryor was driving with her three minor children (Aarianna Toliver, 14; Jahston Jordan, 6; and Layla Mouamenah, 2) to a birthday party. At the intersection of McGregor Avenue and Airport Boulevard in Mobile County, an uninsured driver ran a red light and crashed into the driver's side of Pryor's vehicle. Pryor and two of her children were treated and released from a local ER, while the youngest child did not require treatment.
Outcome: The jury awarded a total of $55,000, allocated as follows: $20,000 to Isha Pryor, $15,000 each to Aarianna Toliver and Jahston Jordan, and $5,000 to Layla Mouamenah. Interestingly, the plaintiffs did not admit their medical expenses into evidence and sought damages only for pain and mental anguish.
Analysis: This case illustrates how juries may assess damages in UM cases involving multiple family members with varying degrees of injury. It also demonstrates a strategy of focusing on non-economic damages rather than medical expenses.
Northeast Alabama
Two UIM-UM cases were resolved in 2022 in Northeast Alabama.
Case 4982: Strom v. Metropolitan Ins. Co.
Incident: On February 2, 2019, Karl Strom was driving on U.S. 231 near Greenlawn Drive in Madison County when Timothy Franklin, who was allegedly intoxicated, pulled into Strom's path at an intersection. Strom suffered soft-tissue injuries and underwent chiropractic treatment for eight months. His total medical expenses were $30,329, of which he personally owed about $11,000 after VA coverage.
Outcome: The jury awarded Strom $37,500 in compensatory damages and no punitive damages. However, after applying a set-off for the $100,000 settlement Strom had received from Franklin's estate, the court reduced the award to zero.
Analysis: This case demonstrates how substantial settlements with at-fault drivers can completely eliminate recovery in subsequent UIM claims, even when the jury awards significant damages.
Case 4983: Ledlow v. Standard Fire Insurance Co.
Incident: On November 27, 2017, Michael Ledlow was rear-ended by James Kelton, Jr. on U.S. 31 in Decatur. Kelton was experiencing a schizophrenic episode at the time and was distracted by a phone call he was making to discuss care for his son. The nature and extent of Ledlow's injuries were not specified in the record.
Outcome: The jury awarded Ledlow exactly $50,000, which was the same amount as his settlement with Kelton. Standard Fire filed a post-trial motion for set-off, which, if granted, would reduce the judgment to zero.
Analysis: This case illustrates the potential for UIM verdicts to match settlements with at-fault drivers, potentially resulting in no additional recovery for the plaintiff. It also highlights the challenges of cases involving at-fault drivers with mental health issues.
Northwest Alabama
One UIM-UM case was resolved in 2022 in Northwest Alabama.
Case 4993: Evans v. State Farm
Incident: On April 3, 2020, Kimberly Evans, an RN, was parked in a church driveway just off Highway 171 in rural Fayette County. She had stopped to investigate a pony tangled in a fence. James Gilliland, driving a Dodge Dakota pickup truck with a blood alcohol level of 0.16, lost control of his vehicle, went off the road, crashed into a culvert, and then collided with Evans' SUV. Evans suffered a fractured left collarbone requiring two surgeries, with medical expenses slightly over $34,000.
Outcome: The jury awarded Evans $60,000 in compensatory damages and no punitive damages. After applying a set-off for the $50,000 settlement with Gilliland's insurer (Alfa), the court reduced the judgment to $10,000. Evans was also awarded $5,361 in costs.
Analysis: This case demonstrates how even in cases involving drunk driving and significant injuries, juries may award relatively modest damages. It also shows how settlements with at-fault drivers can significantly reduce UIM recoveries.
Southwest Alabama
Two UIM-UM cases were resolved in 2022 in Southwest Alabama.
Case 5005: Meeks v. Liberty Mutual
Incident: On May 23, 2018, Tyler Meeks, age 20, was driving his father's pickup truck and hauling lawn care equipment when Raquel Cobb drifted into his lane on U.S. 84 in Conecuh County. Meeks swerved to avoid a collision, went off the road, and traveled through a ditch before stopping in an abandoned parking lot. He suffered a right shoulder separation, incurring medical expenses of $3,640.
Outcome: The jury awarded Meeks $350,000, which was 96 times his medical expenses. The court remitted the award to the policy limits of $300,000. Liberty Mutual's motion for a new trial based on the excessiveness of the verdict was denied.
Analysis: This case is remarkable for the extremely high ratio of the verdict to the plaintiff's medical expenses. It demonstrates the potential for juries to award substantial damages for pain, suffering, and mental anguish, even when economic damages are relatively low.
Case 5006: Williams, et al. v. First Acceptance Insurance Co.
Incident: On July 11, 2017, Cherise Williams was driving in Demopolis with David Lewis, Cheleria Lewis, and Vera Green as passengers when they were rear-ended by Michael Summers. Williams suffered the most serious injuries, requiring ongoing epidural injections and possible future surgery. Her medical expenses were $8,143, all paid by Alabama Medicaid. Lewis required physical therapy, with medical expenses of $5,203.
Outcome: The jury awarded $40,000 to Williams and $15,000 to Lewis. After applying set-offs for their settlements with Summers ($25,000 for Williams and $8,334 for Lewis), the final judgments were $15,000 for Williams and $6,666 for Lewis.
Analysis: This case illustrates how UIM verdicts can provide additional compensation beyond settlements with at-fault drivers, but also shows how set-offs can significantly reduce the final recovery.
Southeast Alabama
One UIM-UM case was resolved in 2022 in Southeast Alabama.
Case 5012: Wood v. State Farm, et al.
Incident: On April 26, 2016, Dr. Brian Wood, a primary care physician, was t-boned at an intersection in Auburn by Mark Stafford, an uninsured driver. Wood suffered a severed left bicep tendon, resulting in a permanent "Popeye" deformity and a 10-15% loss of use in his left arm. His medical expenses were disputed but initially claimed to be $12,040.
Outcome: The jury awarded Wood and his wife (who represented them as an attorney) $700,000. State Farm filed a post-trial motion challenging the verdict, arguing that the evidence didn't support the wantonness claim or the amount of damages.
Analysis: This case demonstrates the potential for large verdicts in UM cases involving professionals with permanent injuries. It also highlights the complexities that can arise when plaintiffs represent themselves, especially when one plaintiff is an attorney.
South Central Alabama
One UIM-UM case was resolved in 2022 in South Central Alabama.
Case 5018: Rand v. State Farm
Incident: On July 24, 2018, Windell Rand, Jr., age 27, was driving on AL 14 in Dallas County when Jacob Chorney turned left in front of him, causing a collision. Rand suffered myofascial pain in his cervical spine and an SI joint injury. His injuries were exacerbated by a pre-existing condition called Klippel Feil syndrome. Rand's medical expenses slightly exceeded $100,000.
Outcome: The jury awarded Rand $1,500,000. However, the court reduced the award to Rand's UIM policy limits of $200,000. Rand was also awarded $2,468 in costs.
Analysis: This case illustrates how pre-existing conditions can lead to larger verdicts in UIM cases. It also demonstrates the dramatic impact that policy limits can have on reducing large jury awards.
Central Alabama
One UIM-UM case was resolved in 2022 in Central Alabama.
Case 5024: Jones v. Estate of Measles, et al.
Incident: On May 26, 2018, Kamaya Jones was driving on U.S. 431 in Gadsden when Kathleen Measles merged into her lane, causing a collision. Jones claimed spinal injuries and underwent chiropractic treatment. Her medical expenses totaled $9,315, and she claimed she would need lifelong chiropractic care estimated at $77,235.
Outcome: The jury awarded Jones $15,000, which was less than the $25,000 policy limits of the at-fault driver (Measles). As a result, Jones received no additional compensation from her UIM coverage.
Analysis: This case demonstrates how juries may award less than a plaintiff's claimed damages, even when future medical expenses are alleged. It also shows how UIM coverage may provide no additional compensation if the jury award is less than the at-fault driver's policy limits.
2021
Jefferson County
One UIM-UM case was resolved in 2021 in Jefferson County, Alabama.
Case 4845: Stroup v. State Farm
Incident: Tiese Stroup was involved in a collision with Carl Stevens, Jr., who was allegedly under the influence of alcohol. The crash occurred on Green Valley Road in Jefferson County. Stevens reportedly fled the scene after the collision.
Injuries: While the specific injuries were not detailed in the record, Stroup's medical expenses totaled $9,618. This suggests she suffered injuries significant enough to require medical treatment.
Outcome: The jury returned a defense verdict. After application of a credit for the settlement with Stevens, Stroup's award was reduced to zero. This means that the jury likely found that Stroup had already been adequately compensated by her settlement with Stevens.
Analysis: This case demonstrates how settlements with at-fault drivers can significantly impact UIM verdicts, potentially reducing awards to zero. It also highlights the importance of carefully considering settlement offers from at-fault drivers, as they may affect the potential recovery in a subsequent UIM claim.
Mobile County
One UIM-UM case was resolved in 2021 in Mobile County, Alabama.
Case 4856: Crager v. Alfa Insurance
Incident: Robin Crager was rear-ended by Madeline Newton while stopped in traffic on U.S. 45 in Mobile County, near the intersection with Lebaron Avenue. Crager had stopped her 2009 Honda CR-V in traffic when Newton's vehicle collided with her from behind.
Injuries: While specific injuries were not detailed in the record, Crager was transported from the scene to the emergency room at Providence Hospital for treatment. This suggests her injuries were significant enough to warrant immediate medical attention.
Outcome: The jury returned a verdict of $60,000 for Crager. However, this was reduced to $10,000 after applying a set-off for the $50,000 settlement Crager had previously received from Newton's insurance.
Analysis: This case highlights the importance of understanding how settlements with at-fault drivers can affect UIM verdicts. It also demonstrates the potential for post-trial disputes over set-offs. Notably, Alfa Insurance informed the jury of the existence of the settlement with Newton, but not the amount, which became a point of contention in post-trial motions.
Northeast Alabama
Three UIM-UM cases were resolved in 2021 in Northeast Alabama.
Average Verdict: $38,667 (based on the three cases with specified verdict amounts)
Case 4869: Burns v. State Farm
Incident: Amanda Burns was involved in a crash with Ami Kemp on Harvest Road in Madison County. Kemp, who was intoxicated, was speeding and ran a red light before colliding with Burns' vehicle.
Injuries: While specific injuries were not detailed in the record, the severity of the crash and the resulting verdict suggest significant injuries.
Outcome: The jury awarded Burns $55,000, consisting of $25,000 in compensatory damages and $30,000 in punitive damages. After applying a set-off for the $25,000 settlement with Kemp's insurance (State Farm), the final judgment was $30,000.
Analysis: This case demonstrates the potential for punitive damages in UIM cases involving egregious conduct such as drunk driving. It also shows how juries may award damages exceeding the at-fault driver's policy limits in such cases.
Case 4870: Coplen v. Graves
Incident: John Coplen was rear-ended by James Graves at the intersection of Nance Road and Hwy. 72 in Madison County.
Injuries: Coplen claimed chronic neck pain, which he attributed to the crash despite having a history of prior neck pain.
Outcome: The jury awarded Coplen $11,000. Since this was less than the amount fronted by Allstate (Coplen's insurer), Allstate sustained a loss of $14,000.
Analysis: This case illustrates the challenges of proving damages in UIM cases when the plaintiff has pre-existing conditions. It also shows how insurers may end up paying out more than the ultimate verdict when they front policy limits from the at-fault driver.
Case 4868: Dupree v. Allstate
Incident: Christopher Dupree was a passenger in a vehicle involved in a collision at the intersection of Main Street East and Star Road in Rainsville.
Injuries: Dupree sustained injuries to his chest, right wrist, and right leg. Specific medical expenses were not disclosed.
Outcome: The jury awarded Dupree $50,000. However, after the court applied an offset of $125,000 for funds Dupree had previously received (source unspecified), the final award was reduced to zero.
Analysis: This case highlights how substantial offsets can completely eliminate a plaintiff's recovery in a UIM case, even when the jury awards significant damages.
Southwest Alabama
Two UIM-UM cases were resolved in 2021 in Southwest Alabama.
Average Verdict: $67,500
Case 4886: Bradley v. State Farm
Incident: Isaac Bradley was rear-ended by Arellious Maxwell, Jr. near the intersection of West Front Street and Rural Street in Evergreen.
Injuries: Bradley claimed soft-tissue injuries with medical expenses totaling $15,289.
Outcome: The jury awarded Bradley $100,000. After applying a set-off for the $25,000 settlement with Maxwell and reducing the award to Bradley's available policy limits, the final judgment was $53,000 plus costs.
Analysis: This case demonstrates how UIM verdicts can significantly exceed the plaintiff's claimed medical expenses. It also shows how policy limits and set-offs can substantially reduce the final recovery.
Case 4887: Chapman v. State Farm
Incident: Ellen Chapman was involved in a head-on collision with Cynthia Hanneman at the intersection of the I-10 off-ramp and Baldwin Beach Express in Baldwin County. Hanneman ran a stop sign, causing the crash.
Injuries: Chapman suffered soft-tissue injuries including pain in her neck, back, and shoulder, as well as headaches. She also complained of a worsening of a pre-existing brain stem abnormality. A medical expert assigned her a 31% permanent partial impairment rating to the whole person.
Outcome: The jury awarded Chapman $35,000. The impact of any credit for the settlement with Hanneman was not specified in the record.
Analysis: This case illustrates how juries may assess damages in cases involving soft-tissue injuries and aggravation of pre-existing conditions. It also highlights the importance of expert testimony in establishing permanent impairment.
Southeast Alabama
One UIM-UM case was resolved in 2021 in Southeast Alabama.
Case 4900: Juarez v. State Farm
Incident: Daniel Juarez, Jr. was involved in a crash with an uninsured driver, Ciara Gay.
Injuries: Shoulder injury requiring surgery.
Outcome: $100,000 verdict for Juarez, potentially to be remitted to the $50,000 policy limits.
Analysis: This case illustrates how juries may award damages exceeding policy limits in UM cases, necessitating post-trial motions to reduce awards.
Central Alabama
Three UIM-UM cases were resolved in 2021 in Central Alabama.
Average Verdict: $53,667
Case Breakdowns
- Scofield v. Allstate: $71,000 verdict, reduced to $21,000 after set-off
- Sears v. Allstate: $40,000 verdict
- Kennedy v. Allstate: $50,000 verdict
Analysis: These cases demonstrate the range of potential outcomes in UIM-UM cases and the impact of set-offs from settlements with at-fault drivers.
Never Settle Cheaply
UIM-UM cases can be complex, involving multiple insurance policies and potential offsets. It's crucial to work with experienced legal counsel to navigate these challenges and maximize your recovery.
We're prepared to aggressively represent you, fight for the compensation you deserve, and stand next to you throughout every stage of the process.
If you're prepared to work with experienced legal counsel on your Alabama UIM-UM case, contact us today to schedule a free consultation.