Harris County Jury Awards $174,525 in UIM Insurance Dispute
One driver was injured in a car accident. The injured driver had insurance coverage for collisions caused by underinsured motorists. After the insurance company denied a claim and offered an insufficient settlement, a lawsuit was filed. The injured driver alleged the insurance company violated prompt payment and unfair settlement acts. The case proceeded to trial, and a jury found the other driver's negligence caused the collision. Damages were awarded, and after credits, a final judgment was entered against the insurance company.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Settlement
- Amount
- $49,525
- County
- Harris County, TX
- Resolved
- 2021
Injury & Accident Details
- Injury Type
- Other
- Accident Type
- Other
- Case Type
- Motor Vehicle Accident
Case Overview
In Harris County, Texas, a plaintiff sustained personal injuries in a car accident on July 1, 2015, involving an underinsured driver. The plaintiff was insured by Allstate Fire and Casualty Insurance Company and sought coverage for underinsured motorist (UIM) benefits. After the insurer denied that the claim met the threshold for a UIM payout and offered a settlement the plaintiff deemed insufficient, a lawsuit was filed on September 27, 2016.
The plaintiff alleged that Allstate violated the Texas Prompt Payment of Claims Act, the Unfair Settlement Act, and breached its common law duty of good faith and fair dealing. The plaintiff sought actual damages, including medical expenses, lost earning capacity, pain and suffering, and mental anguish, along with UIM benefits, statutory penalties, and attorney's fees. Allstate responded by asserting defenses, including comparative responsibility of the plaintiff, entitlement to offsets for amounts recovered from other parties, and that the plaintiff's injuries resulted from pre-existing or subsequent conditions. The insurer also claimed the plaintiff had not complied with policy terms.
The court later severed the extra-contractual claims, such as the Texas Insurance Code violations and breach of duty of good faith, from the underlying contract claim. The case proceeded to trial. On September 14, 2021, a jury found that the underinsured driver's negligence proximately caused the collision. The following day, the jury returned a ten-to-two verdict in favor of the plaintiff, awarding $204,525.00 in total damages, which included past and future medical expenses, pain, impairment, mental anguish, and lost wages.
After applying a $30,000.00 offset for the underinsured driver's policy limits, the plaintiff was awarded a final judgment of $174,525.00 against Allstate. The outcome indicated the jury determined the plaintiff's damages were significantly higher than initially offered by the insurer, leading to a substantial UIM benefits award.
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