Houston Jury Issues Defense Verdict in Rear-End UIM Claim
One driver was rear-ended by another vehicle in Houston. The injured driver claimed neck injuries and sought damages for medical expenses, pain, and impairment. The defense argued that the injuries were an aggravation of a pre-existing condition and that the injured driver exaggerated her complaints. The jury awarded a portion of the past medical expenses.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $2,355
- County
- Harris County, TX
- Resolved
- 2018
Injury & Accident Details
- Injury Type
- Neck Injury (Whiplash)
- Accident Type
- Rear-end
- Case Type
- Motor Vehicle Negligence
Case Overview
In March 2014, a plaintiff was involved in a rear-end collision in Houston. The plaintiff, driving a 2009 Toyota Corolla, was struck by a 2000 Ford Explorer. Following the incident, the plaintiff settled with the at-fault driver for the $30,000 policy limit of that driver's insurance. The plaintiff then filed a lawsuit against her own insurer for underinsured motorist benefits, as her policy had a $30,000 limit. The insurer stipulated to the other driver's negligence, and the trial proceeded solely to determine damages.
The plaintiff claimed neck pain, stiffness, radicular symptoms including arm pain and finger numbness, and headaches. She alleged the collision caused a new injury or aggravated a pre-existing osteophyte complex leading to spinal cord compression. Her treatment included physical therapy, epidural steroid injections, and eventually anterior cervical discectomy and fusion surgery. A neurosurgeon, testifying for the plaintiff, linked her symptoms to MRI findings and deemed her medical care reasonable and necessary. The plaintiff sought damages for past medical expenses, physical pain, mental anguish, and physical impairment.
The defendant insurer, while admitting negligence, disputed the extent and duration of the plaintiff's injuries. The defense argued that the plaintiff exaggerated her symptoms and had pre-existing degenerative cervical conditions. A defense expert, an orthopedic surgeon, opined that any exacerbation of pre-existing conditions was temporary, resolving within a month of the accident, and that subsequent pain was unrelated. The defense suggested a significantly lower amount for medical expenses and minimal to no damages for other categories.
After a two-day trial, the jury deliberated for two hours and awarded the plaintiff $2,354.95 for past medical expenses only. Because the defendant insurer was entitled to a $30,000 credit for the amount the plaintiff had already received from the at-fault driver's policy, the plaintiff recovered no additional funds from her underinsured motorist claim.
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