Timm Pellett, a father of three from Longmont, Colorado, was riding his motorcycle at night on Highway 66 (Weld County Road) after celebrating his 40th birthday with family. A driver turned left in front of him, violating his right of way.
Timm attempted to avoid the crash by braking and swerving, as evidenced by a 6-foot skid mark left on the road. He struck the side of the turning vehicle, was ejected from his motorcycle, and thrown into a nearby field. Critically injured and unconscious for over 30 minutes, he was eventually discovered by an off-duty officer.
The impact left Timm with catastrophic injuries, including a crushed femur, broken ribs and shoulder, a collapsed lung, traumatic brain injury, and a severely damaged hand.
Timm had taken every precaution to be visible on the road, including equipping his motorcycle with high-powered LED headlights and light strips. Despite this, the at-fault driver claimed not to have seen him.
Timm’s memories of the crash were limited, and much of his early hospitalization was a blur. After emergency surgery and a week in the hospital, he was transferred to a rehabilitation center in Fort Collins. He remained in treatment for over two years, undergoing physical therapy, neurological rehab, and other forms of long-term care to rebuild his physical and cognitive function.
The O’Sullivan Law Firm was hired while Timm was still in recovery. We immediately pursued a liability claim against the at-fault driver and secured the full $100,000 available under that individual’s insurance policy.
However, it became clear that the damages far exceeded this amount. Upon further review of Timm’s own insurance policy, we discovered that his insurer had failed to obtain a signed waiver rejecting underinsured motorist (UIM) coverage. As a result, the full UIM policy limits, up to $500,000, were triggered by default.
Because UIM claims cannot be finalized until treatment is complete, we worked with Timm throughout his recovery to ensure he could continue receiving care while delaying settlement until all expenses were known and documented. This strategy maximized his compensation and prevented future out-of-pocket costs.
$520,000
We recovered the full liability limit from the at-fault driver and UIM benefits from Timm’s own insurance provider. These funds covered medical expenses, lost wages, long-term care, and pain and suffering.