Underinsured Motorists Case Reinstated - Auto Owners - Spine Fracture
Posted on Dec 04, 2009A Michigan uninsured motorists claim that was dismissed by a trial court judge has been reinstated by the Michigan Court of Appeals. In Vliestra v Auto-Owners Insurance Group, a 17 year old student suffered low back injuries, including fractures, in a rear end car accident. Due to his injuries, he treated for several months with an orthopedic surgeon but did not require surgery. He was limited from "strenuous activity" for three months.
The teenager's case was settled for $20,000 against the negligent driver and a lawsuit was filed against Auto Owners Insurance on an underinsured motorists claim. The trial court dismissed the case after deciding that the injuries did not affect the victims normal lifestyle. The Court of Appeals reversed that decision and reinstated the case. The Court determined that his "ability to lead his normal life has been affected." The matter will now go back to the trial court.