$76,792 Jury Verdict for Car Wreck Resulting in Soft Tissue Injuries Allstate Minor Impact Soft Tissue (MIST)Claim We obtained a jury verdict against Allstate Insurance Company on behalf of a client who sustained soft tissue injuries after being in an auto accident. Prior to trial, the plaintiff offered to settle for $18,000, but Allstate offered $17,000 as its “final offer.” The case proceeded to trial, where a Dickson County jury returned a verdict for $76,792. Allstate appealed, claiming the result was too high for a soft tissue injury. The Court of Appeals found the verdict was fair and affirmed the jury’s verdict. Allstate had risked its own insured’s assets, since the defendant/insured had only $25,000 in coverage. The verdict exposed the personal assets of Allstate’s insured to possible loss. Faced with a potential bad faith claim for failure to offer a reasonable settlement prior to trial, Allstate had to pay the entire award, plus interest, along with costs, for a total of $87,635.17 (Steward v. Smith, Case No. M2009-00048-R3-CV, Dickson County) [Allstate and other insurance companies refer to a claim involving minimal property damage with a “whiplash” injury as a “Minor Impact Soft Tissue” MIST claim]
