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Why do insurance companies blame the victim for being of advanced age and having pre-existing medical issues?
According to Fred Loya Insurance, it's because some juries believe victims exaggerate their injuries. That’s why Loya never offered their minimal policy limits of $15,000 to settle the case early. Now they have to pay over $1,000,000!
Plaintiff "Grandmother" was charged with making a sudden stop in front of defendant, thus causing the accident. Defendant Fred Loya Insurance admitted the ER charges were reasonable, but took issue with chiropractic care and argued that the epidurals through Kaiser were unreasonable.
Her total medical bills totaled $29,691.48. Her attorneys demanded Loya pay the $15,000 policy limit. They didn’t. Instead, Loya hired an MD and a DC to attack Grandmother’s treatment and bills.
Dr. Kier Nguyen, DC - Grandmother's chiropractor - testified on her behalf. The jury believe Dr. Nguyen and that the accident changed Grandmother’s life, taking away her golden years.
The jury awarded:
- Past medical bills $29,691.48
- Future bills $44,000
- Past pain $182,500
- Future pain $584,000
Total damages = $840,191.48
Add the delay and court costs won by Grandmother, the total judgment is $1,062,000.
Gallegos v. Flores, Los Angeles Superior Court, Nov 2022.
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