$100,000 Combined Liability and UIM Recovery for Failure-to-Yield Crash in Overland Park, Kansas

Michael Foster

This motor vehicle collision occurred in April 2024 at the intersection of West 80th Street and Metcalf Avenue in Overland Park, Kansas. Our client was lawfully traveling northbound on Metcalf Avenue when another driver exited a private drive and failed to yield, pulling into traffic and striking our client’s vehicle.

Liability and Crash Circumstances

The at-fault driver attempted to merge into traffic without yielding the right of way while exiting a private drive associated with a senior living facility. As a result, a collision occurred in the second lane of travel. The at-fault driver was insured by State Farm Insurance, which ultimately resolved the liability portion of the claim.

Injuries and Medical Treatment

As a result of the crash, our client sustained serious neck injuries, including ongoing headaches, neck pain, and traumatic brain injury–type symptoms. He required emergency treatment immediately following the collision at Overland Park Regional Medical Center.

Following the emergency evaluation, our client underwent extensive follow-up care through multiple providers, including orthopedic spine specialists, chiropractic and acupuncture treatment, diagnostic imaging, and rehabilitation services. His treatment included cervical injections, physical therapy, chiropractic care, and advanced imaging, reflecting the severity and persistence of his symptoms. Past medical expenses exceeded $59,000.

Liability and Underinsured Motorist (UIM) Recovery

Foster Wallace Personal Injury Lawyers successfully negotiated a $50,000 liability settlement with State Farm on behalf of the at-fault driver. Because the severity of the injuries exceeded the available liability coverage, we also pursued an underinsured motorist (UIM) claim under the client’s own policy with Progressive Direct Insurance Company.

To protect the client’s rights and fully pursue available coverage, Foster Wallace filed a UIM lawsuit in Johnson County District Court. Following litigation and continued negotiation, the UIM claim resolved for an additional $50,000.

Outcome

In total, Foster Wallace Personal Injury Lawyers secured a $100,000 combined recovery, consisting of liability and UIM benefits. This result ensured that all available insurance coverage was pursued and applied to compensate the client for his medical treatment, pain and suffering, and the lasting effects of the collision.