Make sure you know what insurance coverage you may be entitled to collect under Virginia law BEFORE you settle your personal injury claim. More money might be out there and available to you.
For example, in personal injury cases, the automobile insurance coverage on the vehicle that the defendant was driving was $250,000.00. The value of plaintiff’s damages exceeded the policy limits of $250,000.00. At this point, the insurance adjuster could attempt to resolve the case by offering the policy limits of $250,000.00.
However, plaintiff’s attorney discovered that the owner of the vehicle (who was not driving) also had a $10,000,000.00 umbrella policy. That policy contained language that provided a basis for the severely injured plaintiff to make a claim against that policy. A claim was made under the under-insured motorist provisions provided for under Va. Code § 38.2-2206.
Even though the insurance carrier refused to provide coverage under the umbrella policy, a declaratory judgment action was filed against the insurance carrier. The Virginia circuit court Judge determined that the language of the policy afforded the plaintiff coverage. This $250,000.00 policy limits case ended up being settled for $4,000,000.00.
There may be several avenues of insurance coverage involved in a personal injury case. Make sure you research all those avenues before settling your case because more money might be out there and available to you. If you have any questions, do not hesitate to contact our personal injury attorneys at Altizer Law, P.C., for a free consultation.