Our client was injured in an automobile collision in Culpeper, Virginia in 2011. At the time of the collision, our client was traveling north and was proceeding to make a left through a protected green light, when a vehicle operated by another driver, proceeded through the intersection at a red light and struck the side of her vehicle. The driver did not have insurance at the time of the collision. Because of this, we had to make a claim for uninsured coverage. He was initially charged with failure to obey a traffic light and was issued a ticket, which he prepaid.
As a result of the collision, our client sustained injury to her right shoulder with radiating pain to her right wrist and hard. She also sustained severe headaches which lasted for several weeks after the collision. After the collision, our client drover herselt to Culpeper Regional Hospital and was given pain medication and released.
She then followed up with the University of Virginia for her headaches and right shoulder pain. She was given a prescription to assist with the headaches and her arm was allowed to improve on its own. She continued to have pain in her wrist. While she had a history of carpel tunnel syndrome, she was not experiencing any issues with her wrist at the time of the accident. The pain increased over the next few weeks and it was her doctor’s recommendation that she be a candidate for surgical intervention. Our client had surgery on her wrist in September 2011.
The insurance company refused to make a fair offer for settlement and a lawsuit was filed in the Culpeper Circuit Court. This case was settled prior to trial. While the surgeon was not able to relate the surgery to the collision, it was noted that the collision may have speed up the need for the surgery. Even though we were not able to include the surgery for settlement purposes, we were able to obtain a settlement that exceeded a little over two times the medical bills. This was an increase of the offer made before filing suit. Fortunately for our client, she had underinsured/uninsured coverage on her vehicle which protected her against the uninsured driver who caused the collision. Without this coverage, she would not have been able to make a recovery because this individual did not have auto insurance or assets from which to recover. Many times, people who are injured through no fault of their own are left without any mechanism for recovery because the other party did not have automobile insurance. In most cases these individuals also do not have assets or personal wealth and there really is no means to compensate the injured party. Having high policy limits, which provides underinsured motorist coverage, protects you against this scenario.Back To Results