Woman says fogged up windows caused wreck, seeks money from insurance company

Kelly Holleran Sep. 9, 2013, 8:38pm

After receiving $30,000 from the insurance company representing the driver who struck her in a collision, a Lumberton woman has now filed suit against her own insurance company, alleging it failed to adequately compensate her for the injuries she sustained in the crash.

Plaintiff Connie Harrington-Baker claims she was driving east on State Highway 105 on March 20, 2012, when Joyce Mitchell, who was driving west on the same road, struck her vehicle head-on. 

“The accident happened around noon, during the heat of the day,” the suit filed Aug. 29 in Jefferson County District Court states. “There was a tremendous rainfall making driving more dangerous. Not only was visibility limited by the rainfall, but Mitchell’s windows were fogged up while she was driving. These factors probably explain why the accident occurred.”

Because of the collision, Harrington-Baker claims she sustained injuries to her ribs, neck and left shoulder and was treated at the emergency room. She also alleges she lost her job because of her inability to perform the work required because of injuries she sustained in the collision.

She claims she incurred medical costs, endured mental anguish and physical pain, suffered disability, lost her enjoyment of life, lost her earning capacity and endured physical impairment, according to the complaint.

Following the collision, Mitchell’s insurance company paid $30,000 toward Harrington-Baker’s injuries, but her damages exceeded that amount, the complaint says.

At the time of the accident, Harrington-Baker had an insurance policy through Germania Insurance Co., which was supposed to include coverage in case Harrington-Baker got into a collision with an under-insured driver. Now, Harrington-Baker is attempting to recover money from Germania, according to the complaint.

In her complaint, Harrington-Baker is seeking unspecified damages, plus costs, pre- and post-judgment interest at the maximum rate allowed by law and other relief the court deems just.

Clay Dugas and Malachi Daws of Clay Dugas and Associates in Beaumont will be representing her.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Case No. D194-682

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