$60,000 Settlement for Tow Truck Driver After Denied Rollover Injury Claim

A tow truck driver who skidded off the road in the rain and rolled down an embankment obtained a $60,000 workers’ compensation settlement after the insurance company initially denied his claim and refused all medical treatment.

Workers’ compensation attorney Thomas DeBenedetto was brought in to challenge the denial, develop the medical evidence, and fight for the treatment and wage benefits the injured driver was entitled to.

This case shows how focused litigation and strong documentation can turn a complete denial into an accepted claim with paid medical care and a meaningful financial recovery.

Case Overview

  • Injured worker: Tow truck driver on duty in rainy conditions.
  • Accident: Truck skidded off the road, went down an embankment, and rolled over several times.
  • Injuries: Neck, right shoulder, and dental trauma.
  • Result: Claim accepted after litigation, treatment authorized, and case settled for $60,000.

How the Rollover Accident Happened

While working in wet weather, the tow truck driver lost traction on a rain-slicked roadway and skidded off the road. His truck left the pavement, went down an embankment, and rolled multiple times before coming to rest. The force of the crash caused neck and right shoulder injuries, along with significant dental trauma.

These injuries made it difficult for him to perform the physically demanding tasks of tow work, including long hours of driving, handling equipment, and assisting stranded motorists. Without proper medical care, pain, stiffness, and dental issues prevented him from returning to his full duties.

This version follows the same tone as the other cases: factual, concise, medically grounded.

The Denial

Despite the crash occurring while he was on duty, the insurance company denied the workers’ compensation claim entirely. The carrier also refused to authorize any medical treatment for his neck, shoulder, or dental injuries.

This left the driver injured, unable to work, and without access to basic medical care. 

Legal Strategy

To challenge the denial and secure benefits, the case was taken into litigation. The strategy focused on proving that:

  • The accident clearly arose out of and in the course of his employment as a tow truck driver.
  • The rollover mechanics were consistent with his reported neck, shoulder, and dental injuries.
  • He required ongoing medical care to address pain, functional limitations, and dental restoration needs.

Through testimony, medical documentation, and evidence of weather and work conditions, the law firm built a record that made it difficult for the insurer to maintain its “no claim” position.

Outcome

After litigation pressure and presentation of the evidence, the insurance company ultimately accepted the claim. Once accepted, the carrier became responsible for providing medical care related to his neck, shoulder, and dental injuries.

The matter then resolved with a $60,000 settlement, which reflected:

  • The nature and extent of his injuries from the rollover.
  • The impact on his ability to perform tow truck work during recovery.
  • His need for ongoing medical and dental care related to the crash.

This result turned a complete denial into both medical coverage and a meaningful financial recovery for the injured driver—ensuring he received the treatment and support his work-related accident required.

What This Case Means for Other Injured Workers

For tow truck drivers and other workers injured in vehicle accidents on the job, this case highlights several important points:

  • A denial does not mean your claim is over; it may simply mean you need to pursue your rights through litigation.
  • When an accident clearly occurs while working, there are strong grounds to challenge a refusal to accept the claim.
  • Neck, shoulder, and dental injuries from crashes can all be part of a valid workers’ compensation case, not just obvious fractures or visible trauma.

If your work-related vehicle accident claim has been denied or your treatment has been refused, speaking with an experienced workers’ compensation attorney can help you understand your options and fight for the medical care and benefits you’re entitled to.

This case shows how experienced representation can turn a denied claim into meaningful medical care and financial recovery. 

Need Help with Your Claim?

Stop struggling and speak with an experienced work injury attorney who can get you the benefits you deserve — Thomas DeBenedetto, San Diego’s Workers’ Compensation Attorney since 1992.

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