… A 50-year-old nurse was a passenger in her husband’s pick up truck when a young driver, talking on her cell phone, changed lanes suddenly in front of them causing a collision. The nurse had “limited tort” auto insurance which meant she could only recover for her pain and suffering if she had a serious injury. She had a long history of depression before the crash. Although her head did not strike the interior of the truck, the sudden acceleration and deceleration caused a brain injury. She had post-concussion syndrome and was permanently disabled. The young driver’s automobile insurance company initially refused to settle for the moderate limits of her insurance. Because the insurance company was afraid of a large verdict and second lawsuit for its bad faith claims handling, the case settled shortly before trial for several times the insurance limits.
