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.