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$100,000 Policy Limits Secured for Car Accident Victim With Traumatic Brain Injury — Despite GEICO’s Initial Denial of Liability

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David B. Datny

Personal Injury Attorney in South Florida

ambulance on the road

Location: Plant City, Hillsborough County, Florida
Insurance Carrier: GEICO (BI) & GEICO (UIM)
Recovery: $10,000 (BI) + $90,000 (UIM) = $100,000 Total Policy Limits
Time to Resolution: 60 Days
Note: The UIM policy was issued in Massachusetts and subject to offset by the BI settlement, reducing the available UIM recovery from $100,000 to $90,000.

Case Overview: Facts

Our Client was the victim of a violent motor vehicle crash that occurred in the early morning hours of April 8, 2025 in Plant City, Hillsborough County, Florida. While driving lawfully in his lane during rainy and low-visibility conditions, another motorist—traveling too fast for the conditions—recklessly swerved into our client’s lane to avoid a stopped vehicle. The resulting impact was severe, involving a full-size Dodge Ram that overrode the front end of our client’s compact BMW 3 Series. He was rendered unconscious at the scene and later diagnosed with a traumatic brain injury (TBI).

The Liability Dispute: GEICO Claim Denial

Initially, the responding officer placed our client at fault based on the front-end damage to our client’s vehicle. Because our client was knocked unconscious and transported by ambulance to the hospital, the officer relied almost entirely on a one-sided, self-serving version of events from the at-fault driver.

Based on this, GEICO deemed our client at fault. However, we overcame this liability denial by GEICO after presenting compelling physical evidence and a clear forensic narrative of the crash. The pattern and location of impact damage—to the right rear corner of the at-fault vehicle, rather than its center rear—confirmed our client’s account: that the crash occurred during a sudden, impromptu, and reckless high-speed lane change executed without warning or clearance.

This lateral contact pattern was inconsistent with a rear-end collision and entirely aligned with our client’s sworn statement. The absence of any evidence of hard braking or lane deviation by our client further reinforced that he was lawfully in his lane when the other driver swerved into his path.

The unconditional tender of the $10,000 BI policy limits by the liability carrier confirmed that fault rested solely with the at-fault motorist.

Damages: Injuries & Medical Treatment

Our client sustained catastrophic injuries in the crash, beginning with an immediate loss of consciousness at the scene and blunt force trauma to the head, face, and chest. He was transported by EMS to a Trauma Hospital in Lakeland, Florida, where he underwent trauma care, including advanced imaging and evaluation due to concerns for internal injuries and neurological compromise.

Despite initial stabilization, symptoms escalated in the following days, prompting a return to the Emergency Room. He continued to report severe headaches, vision disturbances, nausea, and chest pain—consistent with high-impact trauma and possible brain injury.

Subsequent qEEG, CNS Vital Signs testing, and comprehensive neurocognitive evaluations confirmed a traumatic brain injury (TBI) with permanent neurological impairments. Diagnoses included vestibular dysfunction, balance loss, sensory integration disorder, and post-traumatic hearing loss with tinnitus in the right ear.

Cognitively, he suffered memory loss, confusion, attention deficits, and speech difficulties. Emotionally, he continues to experience depression, anxiety, insomnia, irritability, and chronic fatigue—symptoms that have severely impacted his daily life and functionality.

His total medical costs exceeded $95,000.00 exclusive of future medical costs and pain/suffering damages.

The Result: Full Policy Limits Tender by GEICO

Despite GEICO’s initial denial of responsibility, we compelled the carrier to reverse its position and tender the full bodily injury (BI) policy limits of $10,000. Thereafter, GEICO—who was also our client’s own insurer—tendered $90,000 in underinsured motorist (UIM) benefits, resulting in a total recovery of $100,000. As the UIM coverage was issued under a Massachusetts policy, the $100,000 limit was reduced by the prior BI recovery pursuant to state-specific offset provisions.

Why It Matters?

This case is a powerful example of how insurers like GEICO may attempt to avoid liability—even in clear-cut situations. Had our client not retained legal representation, he could have been wrongfully denied compensation altogether. With The Datny Law Firm advocating aggressively on his behalf, we secured a full policy limits recovery and held the insurer accountable—ensuring he received the justice and financial relief he rightfully deserved.

📞 Injured in a Florida Car Accident and Having Trouble Dealing with GEICO?

Whether you were rear-ended, seriously hurt, or struggling with a GEICO underinsured motorist (UIM) claim, Datny Law has the experience and proven results to help. We’ve successfully represented victims in GEICO car accident claims, including those involving traumatic brain injuries (TBI) and high-impact rear-end crashes, securing full policy limits even after initial denials or undervaluation.

If you’re searching for a GEICO car accident lawyer, GEICO rear-end accident attorney and/or help with a GEICO UIM or BI settlement, let our legal team step in and fight for the compensation you deserve. We understand GEICO’s tactics—and we know how to overcome them.

Interested in seeing more of our proven results as a Florida GEICO car accident lawyer? Click to learn about additional victories, including a traumatic brain injury (TBI) case against GEICO in Palm Beach County, a rollover crash claim against GEICO in Wellington, a lumbar RFA settlement against GEICO in Boca Raton, and another RFA case against GEICO in Miami.

Past results do not guarantee future outcomes, so call 561-221-7474 today to discuss what your GEICO car accident claim may be worth and how Datny Law can help you pursue the compensation you deserve. Consultations with our Boca Raton GEICO Car Accident Lawyer are FREE.

We proudly represent injured clients against GEICO Insurance in Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Wellington and throughout the entire State of Florida.

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