16 Oct Virginia: Car Crash – a Lawyer’s Suit
On October 14, 2011, Mr. Waterman filed a motor vehicle accident lawsuit for personal injury damages in Circuit Court for the City of Newport News, Virginia. The defendant was cited by Summons for failure to yield the right-of-way on Richneck Road in violation of Va. Code Ann. §46.2-825.
The vehicle crash caused several thousand dollars of damage to each party’s car. Since the collision, the victim has incurred more than $200,000.00 in healthcare expenses.
Despite apparent liability and substantial damages, the defendant’s liability insurance company repeatedly had refused the victim’s demands to tender its policy limits, forcing Mr. Waterman to proceed with suit. By failing to offer its $50,000.00 policy, Trustgard Insurance Company, a member of the Grange Mutual Casualty Group, doing business in Virginia under Grange Mutual Casualty Company, is exposing its insured, a Newport News resident, to ruinous liability in excess of its policy limits and, thereby, itself to a potential claim for insurance “bad faith.
The victim, another Newport News resident, has underinsured motorist (“UIM”) coverage with State Farm Mutual Automobile Insurance Company. But unfortunately, even her UIM policy limits atop the offending motorist’s liability policy limits probably would not cover the jury damages award expected for her magnitude of car collision personal injuries.