Insurer agrees to policy limit in collision that appears minor

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The 77-year-old plaintiff was driving his leased Tesla on the entry ramp from Route 2 onto Route 111 in Acton when his car was tapped from behind. Any visible property damage was slight, and there was no head strike or loss of consciousness.

Over the next two days, the plaintiff experienced vertigo, prompting a hospital visit. Head CT and MRI imaging were documented as unremarkable. A physical therapy referral was made upon discharge.

The physical therapist was the first provider to consider concussion as a working diagnosis. Occupational therapy was added to the treatment regimen, which resulted in significant improvement in symptoms.

Due to the perceived paucity of property damage, coupled with the “negative” imaging studies, the bodily injury carrier’s initial offer of settlement was $300.

After a frank discussion surrounding the true mechanism of axonal shear injuries, the advances in imaging studies not yet undergone by the plaintiff, and the specter of litigation, the carrier tendered its policy limits. The offer was accepted subject to the negligent driver’s execution of an affidavit of no additional insurance. Underinsurance benefits were unavailable.

Action: Motor vehicle negligence
Injuries alleged: Head, brain and neck injuries; concussion
Case name: Withheld
Court/case no.: Withheld
Jury and/or judge: N/A (settled)
Pre-trial offer: $300
Amount: $100,000
Date: April 5, 2025
Attorney: Michael T. Lennon, Lennon Law Firm, North Andover (for the plaintiff)