CASE FEATURE: Drunk Driving and Insurance Bad Faith: Obtaining Compensation for an Innocent Victim

St. Patrick’s Day – a holiday filled with shamrocks, Irish-pride and, unfortunately, drunk driving. A head-on car collision that occurred that March night left a Missouri woman with a fractured shoulder, injured neck, and more medical bills than she could afford to pay. After suffering serious injuries due to the negligence of a drunk driver, the victim turned to The Pottenger Law Firm to ensure justice was served and compensation was received.

In addition to having a BAC well above the legal limit, the negligent driver had limited insurance coverage and few assets, which would only provide our client with a maximum of $50,000. Attorney Jason Pottenger drafted a demand and a proposed release to the drunk driver’s insurance company, outlining the terms for settlement with a clear warning that every single term was non-negotiable. Failing to take Atty. Pottenger’s advice, the insurance company attempted to negotiate.

By engaging in negotiation, the insurance company breached its fiduciary duties to its insured, removing the financial cap of the original policy. Fortunately for our client, the insurance company’s bad faith allowed us to proceed with a law suit obtaining a financial award well above the underlying policy limits.

Diligence and creativity are importance traits for a lawyer to have. In this case, they allowed The Pottenger Law firm to maximize our client’s recovery and provide her with the compensation she deserved and needed to help heal her injuries that were inflicted by the negligence of a drunk driver.


At The Pottenger Law Firm LLC, our Kansas City personal injury lawyers are dedicated to fighting for the rights of accident victims. We understand the unique challenges faced by individuals who have suffered a serious injury because of someone else’s negligence. We know the costs – financial, physical, and emotional – that victims and their families are left facing.

You and your family should not be held responsible for the considerable expenses associated with medical care, lost wages, and more. Our compassionate and experienced Kansas City personal injury attorneys may be able to help you get the financial compensation you deserve. To discuss your case with us in more detail, contact us today for a free consultation by calling 816-531-6006.