A motorcyclist who was rear-ended by a vehicle has been awarded an $800,000 settlement.
The plaintiff was stopped behind a car on his Harley Davidson Sportster when he was rear-ended by the defendant. According to the plaintiff’s council, Thomas Kandler of Ricci Law Firm, the defendant was texting and driving at the time of impact.
Upon collision, the plaintiff was “smashed” between the car in front of him and the defendant’s vehicle, Kandler reported. The plaintiff suffered a broken tibia, two broken bones in his spine, and two broken ribs.
The plaintiff had moved to North Carolina from Arizona one month before the accident with his parents. The defendant had a $30k policy which tendered early on. The plaintiff had a $50k North Carolina policy through Progressive. His parents had three $250k Arizona policies through State Farm.
There was a dispute regarding coverage on the Arizona policies, as Arizona allows intra-policy stacking but only per insurance company. Kandler argued that, based on notice and minimum contacts with North Carolina, the policy should have been re-written under North Carolina law already and North Carolina law should apply.
Coverage was eventually resolved in favor of the plaintiff resulting in an $800,000.00 settlement.
*Is this a verdict or a settlement? Settlement
*Type of case: Motor vehicle wreck involving a motorcycle
*Injuries alleged: Broken tibia, two bones in spine, and two ribs. Tibia break required a titanium rod which later got infected. Second surgery scheduled to remove the rod and will require extensive physical therapy.
Court: New Hanover County
Date of verdict or settlement: 5/18/2022
Insurance carrier: Dairyland, Progressive, and State Farm
*Attorney(s) for plaintiff and their firm(s): Thomas Kandler- Ricci Law Firm
*Was the opposing represented by counsel? No
*Were liability and/or damages contested? No
*Has the judgment been successfully collected? Yes