Our client, a New Providence advertising executive, was rear-ended by a driver, who appeared to be under the influence of drugs, on Rt. 287 S. in Hanover Tsp. She had extensive pre-existing lumbar spine surgeries, in 2018 and again in 2019, only 5 months before this new MVA, but had made a good recovery. This led to further care, due to the car accident, and in June 2021, she underwent a L4-5 decompressive laminectomy and facetectomy with instrumented posterior lateral interbody fusion and a L3-4 laminectomy. We recovered the $100,000 policy limits from the driver’s carrier, and then sued for the remaining $200,000 from our client’s Under-Insurance BI policy with USAA, after amending the complaint. When we asserted “bad faith” under the provisions of the New Jersey Insurance Fair Conduct Act, N.J.S.A. 17:29BB-1; the Unfair Claim and Settlement Practices Act, N.J.S.A. 17:29B-4; and the New Jersey Administrative Code, N.J.A.C. 11:2-17.1, USAA IMMEDIATELY tendered its remaining coverage.
**Results may vary depending on your particular facts and legal circumstances**