Kelley Kronenberg Practice Partner Christian Anderson and Business Unit Leader Eric Shubow secured a dismissal with prejudice and a monetary payment to the insured in a Pinellas County, Florida bodily injury case, turning a suspected fraudulent road rage claim into a complete defense victory. 

The plaintiff alleged that the insured, in a fit of road rage, intentionally rear-ended her vehicle and fled the scene. Days later, the plaintiff and her boyfriend claimed to have spotted the insured’s vehicle, took down the license plate, and filed a claim against the insured’s policy. The insured firmly denied any involvement, insisting she was not at the scene and that the accident never occurred. 

Our team’s investigation quickly raised serious questions about the validity of the claim. The plaintiff’s description of the alleged hit and run driver, captured on police dash cam footage, was inconsistent with the insured’s identifying traits. The alleged damage to the vehicles did not match. The plaintiff’s boyfriend, who played a central role in identifying the insured, had a prior history of insurance fraud convictions. The insured provided GPS coordinates, photos, and videos placing her at a different location at the time of the alleged incident and offered to map her cell phone to corroborate her account. 

Armed with this information, Christian developed a targeted discovery and litigation plan designed to expose the weaknesses in the plaintiff’s case. The insured filed a counterclaim for defamation, and a 57.105 motion for sanctions in response to the plaintiff’s suit. As we prepared to take the plaintiff’s deposition, the plaintiff’s counsel reached out requesting a mutual walkaway. 

Recognizing the leverage the defense held at that moment, Christian declined and instead demanded the plaintiff dismiss her suit with prejudice and pay the insured a significant sum of money to compensate her for expenses incurred in litigating the counterclaim. The plaintiff agreed, then violated the settlement agreement. Christian moved to enforce the settlement, and the Court granted the motion, ordering the dismissal of the plaintiff’s claim with prejudice and awarding the monetary payment to the insured. 

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