Our personal injury client was riding in the back of a pickup truck. They were going for a a short ride on a private road from where a float trip ended up to a campsite. Our client was sitting on the drop-down tailgate with her legs hanging off the back. The driver (who had no auto insurance) crossed a one lane bridge, encountered another vehicle driving the opposite direction, and without warning put the pickup in reverse and backed into the vehicle behind him. The car accident and injury was caused by the vehicles catching our client’s leg between the vehicles and injuring her lower leg, ankle, and foot.
She was diagnosed with a fracture of the distal end of the right fibula as well as multiple fractures the right lower leg.
Because the driver of the pickup truck had no insurance this claim was pursued as a uninsured motorist claim. Under Illinois law an uninsured motorist claim must be resolved through arbitration.
The uninsured motorist insurance carrier would not offer a reasonable settlement therefore an arbitration trial was necessary. The arbitration verdict was much higher than what the insurance company offered to settle.