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