Scahill Law Group P.C. | New York Trial Attorneys

Castillo v. Progressive Insurance Company, AAA Case No. 01-24-0003-3460 (2026)

April 23, 2026
By: Ralph Rosario

A strong result reflecting effective advocacy by David Tetlak following an underinsured motorist arbitration arising from a motor vehicle accident that occurred in 2023 in Lake Grove. The matter involved a policy with $1,250,000 in available coverage, subject to a $100,000 offset.

The claimant alleged significant spinal injuries following a rear-end collision and ultimately underwent a two-level anterior cervical discectomy and fusion. Liability, threshold, causation, and damages were all disputed, and the claim was further complicated by a subsequent motor vehicle accident occurring before the surgery.

At the hearing, the defense challenged both the claimant’s credibility and the extent to which the claimed injuries were attributable to the subject accident. The arbitrator found the claimant’s account of the accident to be unclear and inconsistent, and apportioned 40% comparative negligence to the claimant. The arbitrator also scrutinized the medical and damages submissions, rejecting portions of the claimant’s proof as unreliable, including a future damages report that misstated the claimant’s work status.

Although the arbitrator found that the cervical condition satisfied the statutory threshold, the award was substantially reduced based on comparative negligence and the $100,000 setoff. The arbitrator fixed gross damages at $575,000, but after applying a 40% reduction and the offset, issued a net award of $245,000.

This was a strong result, reflecting effective use of credibility challenges and medical evidence to substantially limit our client’s exposure.

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