A rideshare driver injured in a severe rear-end accident in Contra Costa recovered $615,000 after his own insurance company disputed his medical needs. CAG successfully proved the necessity of surgery and ongoing treatment.
Plaintiff, a 46 year old male at the time of the subject accident, was working as a ride-share driver. During the course and scope of his employment, Plaintiff was stopped at a red light signal on a public street in Contra Costa, CA; during which time, the Defendant, who at the time was not paying attention to the traffic ahead of him, precipitated a severe rear-end collision with Plaintiff’s vehicle.
The intensity of the impact has caused Plaintiff thousands of dollars in personal damages. It is manifested that the Defendant took no attention to the traffic ahead of him, thereby precipitating a collision with Plaintiff’s vehicle. The Defendant was operating the vehicle in such a reckless manner, in violation of the following California Vehicle Codes: 21703 – “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.” 22350 – “ No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.” 23103 – “(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
As a result of his automobile accident, Plaintiff suffered injuries to his neck, upper back, middle back, lower back, and right shoulder, along with headaches. Plaintiff’s injuries were significant enough to incur $167,000 in medical expenses. Plaintiff required a right shoulder surgery, and it was recommended that Plaintiff undergo a cervical spine surgery, to where he now has ongoing sporadic cervical spine pain and right shoulder pain, for which he will require intermittent chiropractic and physical therapy treatment in the future.
Plaintiff’s own rideshare vehicle insurance carrier disputed Plaintiff’s claims for injuries and damages. The insurance carrier also disputed the reasonableness and necessity of Plaintiff’s medical treatment. However, through the testimony of expert doctors, it was determined that Plaintiff’s injuries and treatment were reasonable and necessary, considering the severity of the impact. Messrs. Khakshooy and Agarwal were able to recover $15,000 from Defendant’s insurance carrier, and $600,000 from Plaintiff’s own rideshare vehicle insurance carrier for Plaintiff.
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