We Recovered Two Full Policy Limits, $130,000 for a Veteran Hit Head On Near Redwater by a Driver With Seizures

An SUV Crossed Her Lane and Followed Her Onto the Shoulder

The state trooper’s crash report places the collision on US 67, outside city limits, about half a mile west of a county road, in early afternoon daylight in 2023. The two lane highway is posted at 60 mph. Our client was heading west in a small sedan when an eastbound SUV drifted into her lane. She steered for the shoulder. The SUV kept coming, crossed onto the shoulder too, and hit her head on. From the narrative:

The trooper listed the SUV driver’s contributing factors as “Ill” and “Failed to Drive in Single Lane,” and checked the report’s Medical Advisory Board box. The state’s crash report manual says to check that box when a crash involved a driver who was taking medication, physically ill, or mentally unstable. The second factor is a common one. In our Texas head on collision index built on 2025 TxDOT data, officers cited “failed to drive in single lane” in 2,312 of 7,783 head on crashes, or 29.7%. Where the posted limit was 60 mph, 12.1% of Texas head on crashes in 2025 were fatal.

A Medical Event at the Wheel Still Needs a Clear Record

An insurer can argue that a driver who has a seizure at the wheel did not choose to lose control. On a head on claim, that argument can slow everything down, so we look for what the record already shows before the adjuster frames it.

The trooper’s narrative answers it. Her own statement about seizures and the missed medicine, and two witnesses who saw the SUV swerving first, tied this accident to a known condition.

Broken Ribs, a Broken Breastbone, and a Long Road Back to Hiking

EMS described severe front end damage to her sedan, with 8 to 10 inches of intrusion into the passenger compartment, and her airbags deployed. An ambulance took her to a hospital in Texarkana, where the ER treated her as a trauma patient. A repeat chest CT found four broken ribs, a broken sternum (the breastbone) and small pockets of air around her lungs, a sign of a partly collapsed lung. A deep cut below her right knee took 14 stitches.

Her orthopedic doctors put her in a hinged knee brace with a walker and kept her off work for a time. An MRI showed an injury to the posterior cruciate ligament, the ligament at the back of her right knee.

She is a veteran, and much of her follow up care ran through the VA, including a custom knee brace and months of physical therapy. She chose not to have surgery. By 2024 she reported no pain and had gone back to short hikes.

Two Policies, One Federal Claim, Handled in the Right Order

This claim had three moving parts: the at fault driver’s insurance, our client’s own coverage, and the VA. Each one had to be handled so that the next one did not stall. Our firm was founded by a Marine Corps veteran, Josh Alexander, who reviewed this case.

Day one

Intake picks up whenever someone calls, in either language. Letters to every insurer involved went out as soon as she hired us, and after that they dealt with our office.

The other driver’s $100,000 limit

Our demand rested on that crash report. Her attorney decided the demand and signed off on each offer, and our negotiator worked directly with the adjuster. That policy paid its full $100,000.

Her own underinsured motorist coverage

One policy was not enough for four broken ribs, a broken sternum and an injured knee ligament, so we also claimed her own UIM coverage. Our underinsured driver guide walks through how that claim works. Her policy paid every dollar of its $30,000 limit.

The VA’s right to be repaid

Under the Federal Medical Care Recovery Act, 42 U.S.C. § 2651(a), the United States “shall have a right to recover” the “reasonable value” of care it furnished or paid for after an injury someone else is liable for, from that person or that person’s insurer. VA care can come with a federal repayment claim, and it has to be dealt with before settlement money is paid out. Through all of it, one case manager kept her updated every two weeks or sooner.

$130,000 From Two Policies, Every Dollar of Both Limits

That figure is gross. Our fee and the case expenses came out of it before her share, and the result reflects this case alone, not what another case will bring.

Three Things This Case Taught Us

• When a driver tells the trooper about a known condition, that statement can carry as much weight as any witness. On head on collision claims, the crash report is the first thing we read.
• A policy limit is only the first number. When the at fault driver’s coverage is smaller than the injuries, the injured person’s own UIM coverage may be available, and the claim for it is worth building from the start.
• Care paid for by the VA or another government program can come with a repayment claim of its own. Finding that claim early keeps it from holding up a settlement when the money is ready.

Attorney Review

Reviewed by: Josh Alexander, Founder and Managing Attorney

Published and reviewed on October 15, 2026

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