Plaintiff was involved in a hit-and-run car accident that took place in Oregon. The other driver improperly merged into plaintiff’s lane and slammed into the driver’s side of her vehicle. Plaintiff filed an injury claim with defendant insurance company under the uninsured motorist portion of her insurance policy. The insurer refused to pay her claim.
Plaintiff sued the insurer for bad faith insurance practices, violation of state insurance code and the unfair practices act for failing to attempt in good faith to reach a settlement on her UM claim.
She seeks damages for future, physical pain, mental anguish, lost wages, physical impairment, disfigurement, and medical and hospital expenses. She also seeks treble damages under state law.
Question(s) For Expert Witness
- 1. Did the plaintiff suffer injuries in the accident?
- 2. What caused her injuries?
Expert Witness Response
After a review of plaintiff’s medical records, it is my opinion based on reasonable medical probability, that plaintiff did not sustain an injury to the cervical, thoracic, or lumbar spine in the accident. It is further my opinion that the right hip and bilateral knee injuries she complains of were not a result of the accident, did not occur in this accident but have been present for many years and pre-existed the motor vehicle accident.
My opinions are based upon my review of the records, as well as based on my education, clinical training, and experience as an orthopedic surgeon.