Head On Automobile Collision Underinsured Stacking Claims - $875,000.00

Jurisdiction: State Court of Gwinnett County

Mahendra Patel and Dhanu Patel
Nerman Hecimovic

Liability Facts: This automobile accident occurred on Sunday, November 10, 2002 at approximately 6:01 a.m. on Lawrenceville Highway in Gwinnett County, Georgia. Our client, Mr. Mahendra Patel, with his wife as a front seat guest passenger, driving a 1989 Toyota “Camry” was traveling southbound on Lawrenceville Highway. Mr. Nermin Hecimovic, an underinsured motorist, driving a 1999 Honda “Civic” was traveling northbound on Lawrenceville Highway and when he reached the section of roadway where Mr. Patel was traveling, he suddenly and without any warning, crossed over the center turn lane and entered into the southbound lane of travel in which Mr. Patel was traveling. This negligence resulted with Mr. Hecimovic’s vehicle violently striking the Patel’s vehicle head on, resulting with both vehicles sustaining extensive damage and all occupants, of both vehicles, were trapped inside their respective vehicles as a result of the severe damage.

Both vehicles sustained very extensive damage as a result of this automobile collision and were undriveable, therefore, they each had to be towed away from the automobile accident scene. In fact, the damage to the vehicles was so extensive that both were later deemed total losses as a direct result of the damages sustained in the November 10, 2002 automobile accident.

The force of this head on impact resulted with our clients being thrown violently about the interior of their vehicle striking numerous parts of their bodies on various parts of the interior of their vehicle prior to trapping them inside the vehicle as a result of the extensive front end damage to their vehicle, therefore, resulting in immediate, painful and serious injuries.

The Gwinnett County Police Department was summoned to the accident scene to assess the extent of damages and personal injuries. When officer F.M. Scott arrived at the automobile accident scene, he examined the physical evidence in addition to speaking with both drivers. Based on the findings of his investigation, officer Scott determined that the contributing factors to cause this automobile collision were that Mr. Hecimovic was traveling too fast for conditions, lost control of his vehicle and subsequently was traveling on the wrong side of the roadway. Officer Scott charged Mr. Hecimovic with the following Georgia Code violations:

  1. O.C.G.A. § 40-6-180-“Too Fast for Conditions”;
  2. O.C.G.A. § 40-6-40(a)-“Driving on the Wrong Side of Roadway”; and
  3. .C.G.A. § 40-6-48(1)- “Failure to Drive within a Single Lane”.

The at fault driver, Mr. Hecimovic only had the minimum required automobile insurance coverage of $25,000.00. Through the expert research of the experienced personal injury trial attorneys at Falanga and Chalker, other automobile insurance available to the Patel’s on their other household uninsured/underinsured vehicle insurance policies were stacked to make up the total amount of the $875,000.00 recovery.

Injuries: Mahendra Patel was transported by ambulance to Dekalb Medical Center and suffered a left femoral fracture distal femur; a crushed right knee; a crushed or fractured left elbow with dislocation; and multiple abrasions and contusions. Mr. Patel underwent several surgical procedures while he was hospitalized for his fractures. Mr. Patel was released from the hospital after being there for 26 days. After his discharge from the hospital, Mr. Patel underwent another surgical corrective procedure for his left elbow. Dhanu Patel was transported by ambulance from the automobile collision scene to Gwinnett Medical Center. She was diagnosed with a bruised kidney, a fracture of the left eighth rib, and a fracture of the left knee and tibia. She was admitted to the intensive care unit and underwent corrective surgery for her fractures. Ms. Patel was discharged from the hospital after a nine (9) day stay with follow-up instructions including physical therapy.

Combined Medical Expenses: $232,596.00

Attorney: Robert A. Falanga

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