Chase Elleby (from left), Maria Rosas and A. Joel Williams (Courtesy photo)

A $1.2 million verdict in Clayton County State Court provides a cautionary tale of Atlanta freeway driving and underinsured motorist coverage.

Four years ago, according to the suit, housekeeper and grandmother Maria Rosas was driving in the far left lane on Interstate 285 when a white sedan merged too closely in front of a red tree service crane truck and clipped it, pushing both vehicles in her direction. She saw the tree truck and felt the impact. To this day, it's not exactly clear whether both vehicles hit her or only the white sedan. But she went to an emergency room for treatment of injuries that included nagging back problems. Though she turned down a recommendation for surgery, she still racked up $75,000 in medical bills. Her back pain remains about a 5 on a 1-to-10 scale, she testified at trial, according to her lawyers, A. Joel Williams and B. Chase Elleby of Joel Williams Law in Kennesaw. She said the pain makes it harder for her to work and pick up her grandchildren.

Her testimony was entirely in Spanish, with an interpreter translating her words for the jury. But she made a favorable impression, the lawyers said.

"I think the jurors saw her as a hardworking, honest person who was an innocent victim in this," Williams said.

Not everyone saw it that way. Her own insurance company, State Farm, fought her on her $150,000 in underinsured motorist coverage, effectively defending the driver who she claimed caused the crash: Joel Nelson.

Except under the law, the jurors were not allowed to know State Farm's role.

"It's almost like a falsehood that the law forces on the jury," Williams said. "The law will not allow us to mention insurance to the jury even though it's there."

Jason Green of Lynn Leonard & Associates represented Nelson and State Farm. Green could not be reached for comment.

In a summary prepared for the consolidated pretrial order, Green argued that Nelson was not at fault and that the damages could have been caused by something else.

The jury returned a $1.2 million verdict in favor of Rosas. But she won't be getting that.

The jury apportioned 60% of the fault to the tree truck driver, who had already paid a confidential settlement prior to the trial, Williams said. The remaining 40% of the fault went to Nelson. That would be a nearly half-million dollar tab. But because the trial was about the UM coverage, she can recover only $150,000—minus the $25,000 in coverage already paid from Nelson's liability policy, Williams said.

"In a large sense it's good, because she is finally going to be able to get the insurance benefits she paid for," Williams said, adding she also felt a degree of validation. "The sad part is there's just not enough insurance."

The case is Rosas v. Nelson, No. 2017CV00603C.