Kelly Holleran Sep. 17, 2012, 6:39pm

A Hardin County woman claims her insurance company refuses to pay her $75,000 for medical costs she incurred in a collision with an under insured driver.

Leah Rothenberger Fregia filed a lawsuit Aug. 24 in Jefferson County District Court against Allstate Indemnity Co.

In her complaint, Fregia alleges she drove west in the 500 block of Delaware Street in Beaumont on Nov. 16, 2009, when Christopher Tucker failed to yield the right-of-way and struck the passenger side of her vehicle.

Because of the collision, Fregia incurred medical costs, experienced physical pain and suffering, lost her earning capacity and suffered impairment, according to the complaint. She also endured mental anguish and disfigurement, the suit states.

Fregia blames Tucker for causing the collision, saying he negligently failed to keep a proper lookout, drove too fast, failed to timely apply his brakes, failed to turn to avoid a collision, drove inattentively, failed to yield the right-of-way, failed to maintain control of his vehicle and failed to exercise ordinary care.

At the time of the collision, Fregia had insurance through defendant Allstate. The insurance was supposed to cover any damages she incurred as the result of a collision with either an uninsured or under insured driver, the complaint says. However, Allstate refuses to pay the damages Fregia seeks, she claims.

“Plaintiff seeks damages of $75,000,” the suit states.

In addition to the actual damages Fregia seeks, she wants additional statutory damages under the Deceptive Trade Practices Act, statutory penalties, pre- and post-judgment interest, attorney’s fees, $75,000 in court costs and other relief the court deems just.

Lindsey S. Whisenhant of Woodville will be representing Fregia.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B192-939

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