The plaintiff, Timothy Kuhn, was reportedly in stationary traffic when a Ford F-150 slammed into the back of his BMW sedan at around 45 miles per hour. Kuhn claimed he received a serious brain injury as a result of the collision. (Credit: Tada Images/Adobe Stock)
The plaintiff, Timothy Kuhn, was reportedly in stationary traffic when a Ford F-150 slammed into the back of his BMW sedan at around 45 miles per hour. Kuhn claimed he received a serious brain injury as a result of the collision.
In court, plaintiff attorney Kimball Jones said that while his client’s neck and back healed from the crash, he has ongoing issues including memory loss, headaches and difficulty with focus.
CVN reports that while USAA initially agreed Kuhn was not at fault for the accident, he alleges the carrier neglected its obligations to him by intervening in his initial lawsuit over the accident and arguing Kuhn was at fault.
The plaintiff’s attorneys submitted a claim to the truck driver’s insurance in June 2020, resulting in a $50,000 payment from that insurer. Jones told the jury that once USAA caught wind that Kuhn planned to sue the truck driver, the carrier decided to intervene and litigate against him.
Kuhn claimed USAA offered a “lowball” of $10,000 throughout most of the claim process, which he said was in bad faith given the insurer’s eventual decision to pay the $250,000 policy limit.
USAA responded to Kuhn’s complaint by arguing it had fulfilled its obligation to him by making a $250,000 policy payment before the trial began. The insurer also alleged Kuhn’s injuries were not as serious as he claimed.
In his opening statement, USAA’s attorney Robert McClay argued that Kuhn’s behavior immediately following the incident — including using his cell phone in the ambulance — wasn’t consistent with someone who had a head injury as severe as he claimed.
McClay also stated that a delay in payment does not mean an insurer has acted in bad faith, and that “good faith disputes” over claims investigations and payments are normal. He also suggested USAA’s decision to pay Kuhn $250,000 was part of a litigation strategy rather than an agreement to Kuhn’s claims.
The trial is ongoing.
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