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Michelle Tribble's Insurance Nightmare

Recently my client Michelle Tribble wascaused by the 2nd T-bone collision. Had
featured on CNN's cable show Anderson CooperMichelle accepted this offer she would have
360. The story addressed how insuranceended up owing several thousands of dollars
companies take advantage of legitimatefor an accident she did not cause. To her
accident victims by intentionallycredit, Michelle wasn't going to be bullied.
undercutting settlement offers andShe  told  me  to  fight  on  her  behalf.
essentially forcing innocent victims to file
expensive and time-consuming lawsuits just toWe managed to settle with Safeco and then
recover  their  medical  bills.proceed against Allstate only. The trial
against Allstate lasted about 5 days.
I was contacted by CNN about a case that IAllstate hired 2 doctors to testify against
handled a few years ago against AllstateMichelle. They told the jury that Michelle
Insurance Company on behalf of my clientsuffered a simple soft tissue whiplash injury
Michelle Tribble. Michelle had been injuredthat should have resolved in a few months.
in two separate accidents occurring just 10They explained away the 2 herniated discs on
weeks apart. She was not at fault for eitherthe MRI scan by saying that they existed
accident. Michelle received two herniatedbefore the T-bone collision. Allstate's
discs in her cervical spine. In the firstdoctors also told the jury that Michelle had
accident handled by Safeco Insurance Company,psychological issues and that she had a
Michelle was rear-ended and sufferedpre-existing back problem before the two
whiplash. In the second accident Michelle wasaccidents (she visited a chiropractor a few
T-boned by an uninsured motorist so she filedtimes a year earlier). Michelle's treating
a claim with her own auto carrier Allstate.doctors said that she received legitimate
Safeco agreed to pay for its portion of theinjuries and that the herniated discs were
medical bills caused by the minor firstmost likely suffered in the second T-bone
accident. But Allstate refused to paycollision that was caused by the uninsured
Michelle's medical bills attributed to themotorist.
more  serious  second  accident.
The jury agreed with Michelle Tribble and
Due to Allstate's hardball position, Michelleawarded her damages of more than $370,000
was forced to file a lawsuit against Allstateagainst Allstate. Then Allstate appealed the
and the other driver in the first accident.jury's award to the court of appeals. The
The case was transferred to mandatoryappeal lasted almost two years. The appellate
arbitration. The arbitrator ruled thatcourt then ruled that the jury's verdict
Allstate was responsible for paying $35,000,should be reduced to the amount of Michelle's
which included past and future medical billsinsurance policy issued by Allstate -
and some wage loss. Safeco's insured was$50,000.
ordered  to  pay  as  well.
Michelle incurred court costs of more than
Although Safeco was willing to accept the$17,000 and attorney fees that exceeded
arbitrator's ruling, Allstate was not.$60,000. Fortunately the appellate court
Instead Allstate appealed the arbitrationordered Allstate to pay for these expenses.
award and requested that Michelle try herBut not before Allstate dragged Michelle
case in court before a jury of 12 persons.through  the  system  for  more than 4 years.
This made little sense because the
arbitrator's award of $35,000 was still wellWashington state legislators enacted a law to
below Michelle's $50,000 insurance policycombat the unfair settlement practices
that she purchased from Allstate. It wasn'tutilized by Allstate Insurance Company in the
as if Allstate was ordered to pay a windfall,Tribble case. The insurance industry then
in fact far from it compared with the amountspent millions to turn the law into a
of  the  policy.referendum to be decided by voters this
November. If you believe that insurance
When I tried to settle the case with Allstatecompanies should not be allowed to drag
after it appealed the arbitrator's ruling,innocent accident victims through the courts
the most it would offer was $12,000 - anand cause unnecessary expense and delays,
amount far less than Michelle's damagesthen you should vote "YES" on Referendum 67.



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