Ryan B. had already given a lot. He served his country, came home carrying the physical toll that military service can leave behind, and was doing what a lot of veterans do — finding a way to keep going. For Ryan, that meant picking up extra work driving for Lyft around Reading, Pennsylvania. It wasn’t glamorous work, but it was honest, and it helped him get by.
On August 19, 2023, Ryan was behind the wheel on his way to pick up a passenger when a driver made a reckless, unsafe lane change and slammed into the rear of his vehicle. Police responded, investigated — and cited the other driver for driving under the influence.
In the seconds it took for that collision to happen, Ryan’s life changed completely. What followed was not just months, but years of pain, surgeries, injections, physical therapy, and financial hardship. And at the end of it all, the insurance company responsible for paying for what their insured had done came to the table with an offer that fell far short of what Ryan deserved.
Attorney Ryan P. Merrill, Esq. of Kitay Law Offices made sure that number didn’t stand.

Being rear-ended in a car accident can change your life in an instant.
About the Case
Ryan B. was 44 years old and working as a rideshare driver in Berks County when the crash occurred. He was lawfully making a right-hand turn onto Route 12 when the at-fault driver made an unsafe lane change and rear-ended him. The defendant was charged with DUI at the scene.
Emergency medical services responded immediately. Ryan was transported to the hospital, where the emergency department documented injuries to his left shoulder, upper arm, neck, back, and left shin.
What followed was nearly two years of intensive medical treatment — some of the most serious of Ryan’s life. His treating physicians diagnosed him with cervical disc herniations, cervical radiculopathy (nerve pain radiating from the neck) confirmed by EMG testing, disc bulging, disc protrusions at multiple spinal levels, bilateral rotator cuff tendonitis, a tear of the common extensor tendon in his right elbow, and aggravation of prior surgeries to both hips.
After trying to manage the damage conservatively — through physical therapy, pain management, epidural steroid injections, and orthopedic care — Ryan’s cervical spine injury was severe enough that surgery became unavoidable. In September 2024, Ryan underwent an Anterior Cervical Discectomy and Fusion (ACDF) at C4-7 — a major spinal procedure in which damaged discs are removed and the vertebrae are fused together using bone graft and hardware. The surgery left Ryan with permanent scarring and disfigurement on his neck, and it kept him out of work and in recovery for an extended period on top of the time he had already lost.
From the date of the crash, Ryan was unable to return to work as a Lyft driver for 110 consecutive weeks — more than two years. At $580 per week, that added up to $63,800 in documented lost wages alone.
The Challenges We Faced
When a drunk driver rear-ends someone and gets cited at the scene, you might think the insurance company would step up and do the right thing. That’s not how it works.
The insurance carrier for the at-fault driver was not eager to pay what Ryan’s case was actually worth. Their initial offer came in somewhere in the low $300,000 range — a figure that, on its face, sounds large but was significantly below what the evidence clearly supported.
Here’s what made this case complex — and what the insurance company was counting on to hold the number down.
Ryan had pre-existing conditions. Before the crash, Ryan had undergone a left total hip replacement, a right hip labral repair, and a prior hernia repair. He also had a diagnosis of ankylosing spondylitis, a form of inflammatory arthritis that affects the spine. Insurance companies love pre-existing conditions. They use them to argue that an injured person’s pain and limitations aren’t really the result of the accident — that they were already there. That argument was available to the insurance company here, and it was the kind of argument designed to slash a claim’s value.
The injuries were extensive and involved multiple body systems. Ryan didn’t just hurt his neck. He sustained injuries to his shoulders, both hips, his right elbow, his lower back, and his abdomen. The sheer breadth of the injuries gave the insurer room to argue that not all of them were crash-related.
The surgery itself added complexity. Major spinal fusion surgeries come with steep medical costs, prolonged recovery periods, and the need to demonstrate that the procedure was made necessary by this specific accident and not by a prior condition. Ryan’s treating physicians documented the connection, but the insurance company wasn’t going to simply take their word for it.
Faced with all of this, the insurance carrier put a number on the table that didn’t reflect what Ryan had been through. Attorney Merrill’s job was to change that.
How Our Team Fought Back

Ryan P. Merrill, Esq. – Managing Attorney at Kitay Law Offices
Attorney Ryan P. Merrill, Esq. approached this case the way he approaches all of them — by building an airtight picture of what actually happened to his client and refusing to let the insurance company reduce that picture to something more convenient for them.
The foundation of the strategy was comprehensive documentation. The medical record here was extensive — spanning a dozen providers over nearly two years — and Ryan Merrill used all of it. The team assembled a thorough demand package that laid out the full scope of Ryan B.’s treatment: the emergency care, the months of physical therapy, the pain management injections, the orthopedic evaluations, the nerve testing, and ultimately the cervical fusion surgery. Every provider, every diagnosis, every procedure was accounted for.
The documented special damages told an undeniable story: $133,125.75 in measurable losses, including health insurance liens, out-of-pocket expenses, and over two years of lost wages from a job Ryan could no longer do.
But the numbers, as significant as they were, weren’t the whole argument. Attorney Merrill made sure the insurance company understood the full human reality of what Ryan had endured — a disabled veteran who had already made physical sacrifices for his country, who had found a way to keep contributing and keep working, and whose life was upended by someone else’s reckless decision to get behind the wheel while intoxicated.
That last point — the DUI — was critical to the negotiating strategy. Under Pennsylvania law, a defendant’s reckless or outrageous conduct can give rise to punitive damages: additional financial punishment awarded by a jury specifically to send a message. A drunk driver who causes serious injury to another person is exactly the kind of case where a jury might award punitive damages on top of the damages for medical bills, lost wages, and pain and suffering. That exposure doesn’t disappear at the negotiating table. Attorney Merrill made clear to the insurance company that if this case went to a jury, they weren’t just facing a damages award — they were facing the very real possibility that a Pennsylvania jury would want to punish their insured’s behavior.
That leverage, combined with the exhaustive documentation of Ryan’s injuries and losses, shifted the conversation.
The Result
After aggressive and persistent negotiations, the insurance carrier agreed to a settlement of $472,500 — significantly above their initial offer and a result that reflects the true weight of what Ryan B. went through.
For Ryan, this settlement means more than a number. It means the medical bills and insurance liens that had been hanging over him can be addressed. It means that the wages he lost during two-plus years of recovery — years he should have been working — are recognized and compensated. It means that the pain he endured, the surgery he had to undergo, the permanent scar on his neck, and the lasting impact on his daily life have been given real value by the party responsible for causing them.
He served his country. He was simply trying to do his job when someone made a dangerous and illegal choice. Ryan B. deserved a result that honored that — and that is what Attorney Ryan Merrill delivered.
Frequently Asked Questions
What should I do if the other driver was drunk when they hit me?
Call the police immediately, preserve any evidence from the scene, seek medical attention right away, and contact a personal injury attorney as soon as possible. A DUI citation against the at-fault driver is powerful evidence of negligence — and it may also open the door to punitive damages, which can significantly increase the value of your case. An experienced attorney can help you understand the full scope of what your claim may be worth.
The insurance company says my injuries are just pre-existing conditions. What can I do?
This is one of the most common strategies insurance adjusters use to minimize what they pay. Under Pennsylvania law, if a car accident worsens, aggravates, or accelerates a pre-existing condition, you are still entitled to compensation for that worsening. The key is connecting the dots clearly — which requires detailed medical records, credible treating physicians, and an attorney who knows how to present that evidence effectively. Don’t let an insurer use your medical history as a weapon against you.
I was working as a Lyft driver when the accident happened. Does that affect my claim?
Being on the job at the time of a crash can affect several aspects of your case, including what insurance coverage may apply and whether additional compensation sources are available. It’s important that you disclose this to your attorney right away. Every coverage layer needs to be identified and evaluated to make sure you’re not leaving money on the table.
The insurance company made me an offer. Should I accept it?
Not without talking to a lawyer first. Insurance companies calculate their initial offers based on what they think they can get away with — not on what your claim is actually worth. In Ryan B.’s case, the first offer was in the low $300,000 range. The final result was $472,500. That gap is the difference an experienced personal injury attorney can make. A consultation at Kitay Law Offices is free, and there’s no obligation to hire us.
How long does a car accident case like this take to resolve?
Every case is different, but serious injury cases — particularly those involving surgery and extended recovery — typically take longer because it’s important to wait until the full extent of the injuries is understood before settling. Settling too soon means potentially walking away before the true cost of future medical care and lost income is known. Attorney Merrill and the team at Kitay Law Offices work to resolve cases as efficiently as possible while making sure clients are never pressured into accepting less than they deserve.

Your Kitay Law Offices Team
Why Kitay Law Offices
Ryan B.’s case is a reminder of something important: having a serious injury and clear documentation is not always enough. The insurance company for the drunk driver who hit Ryan had every incentive to pay as little as possible — and they came to the table with a number that reflected their interests, not Ryan’s.
It took an attorney who understood the full value of the claim, knew how to frame the evidence compellingly, and wasn’t afraid to use every available legal tool — including the punitive damages exposure created by the DUI — to move that number where it needed to go.
That’s what Kitay Law Offices does. For over 30 years, our firm has stood beside people who were hurt through no fault of their own and fought to make sure the people and companies responsible were held accountable. Our firm’s founder, Kenneth M. Kitay, Esq., built this firm on a simple idea: everyone deserves a fair fight. The “Law Firm With a Heart®” isn’t just a tagline — it’s the reason clients like Ryan B. walk away with results that actually reflect what they’ve been through.
At Kitay Law Offices, you don’t pay anything unless we win your injury case. That’s not a gimmick — it’s a commitment that means our interests and yours are perfectly aligned from day one.
Contact Kitay Law Offices Today
If you or someone you love was hurt in a car accident in Reading, Berks County, or anywhere in Pennsylvania — especially one involving a drunk driver — you don’t have to face the insurance company alone.
The story you just read is proof that what an insurer first offers is rarely the last word. With the right legal team in your corner, that number can change.
Reach out to Kitay Law Offices for a free, no-obligation consultation. We’ll listen to what happened and answer your questions honestly. There’s no pressure, no upfront cost, and no fee unless we win for you. That’s our promise.

