22 May Virginia: Car Accident – a Lawyer’s Suit
On May 20, 2013, Mr. Waterman filed the lawsuit entitled Cynthia M. Ray v. Spencer M. Smith and India V. Parker, No. CL1302098T-01 in Circuit Court for the City of Newport News, Virginia. Defendants’ insurer, USAA, ignored repeated demands to tender its liability policy limits of $50,000.00 to protect its two insureds from excess exposure for substantial continuing vehicle accident damages of the victim.
While under the influence of alcohol and while having no valid driver’s license on September 9, 2011, Defendant Smith was operating on Warwick Boulevard at its intersection with Lee’s Mill Drive a motor vehicle owned and entrusted by Defendant Parker. In Ray, Defendant Smith ran a red light, caused the vehicle collision in which Plaintiff was a guest passenger, fled the accident scene, and evaded police officers for a day.
On February 29, 2012, Defendant Smith pleaded guilty in Newport News Circuit Court to the following offenses arising out of her car crash:
A. (Va. Code Ann. 18.2-272) Driving After Forfeiting License
B. (Va. Code Ann. 18.2-852) Reckless Driving
C. (Va. Code Ann. 42.6-894) Hit and Run
D. (Va. Code Ann. 46.2-817) Evading Police Officer
In Ray, Defendant Parker allegedly is liability independently for entrusting her motor vehicle to Defendant Smith: Defendant Smith had no valid driver’s license and was legally intoxicated or otherwise under the influence of alcohol when she drove.
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