David Wendel and Amos Gern settled a 43-year old Morris County resident's August 2020 rear-end car accident for the maximum policy coverage of $100,000, without litigation

Our firm secured an initial settlement of $15,000 from the negligent driver, who had a minimal policy with Nationwide Insurance. Thereafter, we filed an Underinsurance Motorist Bodily Injury (UIM/BI) claim against our client’s policy with MetLife Insurance for the balance of available coverage, $85,000. Our client had a prior back surgery in 2015, for a left-sided L4-5 and S1 laminectomy to treat L5-S1 herniated discs with lower extremity radiculopathy. This surgery was successful, and he remained asymptomatic and quite active for 5 years. However, this new accident aggravated the prior lower back condition and required a new, more extensive procedure by the same neurosurgeon. Before this surgery was performed, our client had to seek approval through his no fault carrier’s consultant. That evaluation approved the surgical care in advance, concluding that our client had aggravated his pre-existing asymptomatic condition of the lumbar spine with a new radiculopathy to the left lower extremity: “the diagnoses are determined to be causally related to the claimant’s involvement in the motor vehicle accident that occurred on August 13, 2020.” 

Starr, Gern, Davison & Rubin, P.C.
105 Eisenhower Parkway, Suite 401
Roseland, NJ 07068-1640

Phone:973-403-9200
Toll Free:800-403-9090