DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Automobile Crash in Frederick County, Virginia

The defendant was traveling north on Route 127 in Frederick County, Virginia when he crossed into the plaintiff's lane and crashed into the front of Plaintiff’s vehicle.  The defendant’s car burst into flames.  Unfortunately, the defendant passed away by the time emergency personnel arrived on the scene.  

The defendant's insurer accepted liability and offered their policy limits of $100,000.  The plaintiff's Underinsured Motorist (UIM) carrier argued that it was unknown whether the defendant had passed away prior to veering into the plaintiff's lane, and thus the defendant may not have been negligent.  However, the coroner listed blunt force trauma to head and chest as the cause of death on the defendant's death certificate.

Both the plaintiff and the defendant had West Virginia automobile insurance policies.  The plaintiff had $300,000 in UIM under his own policy, which stacked with the defendant’s liability policy for a total coverage of $400,000.  The plaintiff’s UIM carrier initially stated that the plaintiff had rejected UIM coverage, which is optional in West Virginia but must be offered and expressly rejected by the insured.   The UIM carrier was unable to furnish the necessary documentation showing that the plaintiff had rejected UIM insurance, and thus extended UIM coverage to the plaintiff.  According to West Virginia statute, once a UIM carrier has been informed of a liability carrier’s decision to tender policy limits, the UIM carrier has to make one of two elections within 60 days of that notification: either waive subrogation, or else tender the amount of liability coverage themselves and retain the right to subrogation.  The plaintiff’s UIM carrier ultimately elected to waive subrogation.

The plaintiff was transferred from Winchester Medical Center to U.Va.'s trauma unit on the day of the crash.  He suffered from a badly fractured leg; an angulated tibia-fibula fracture; displaced mid shaft fracture of the right femur; multiple abrasions on the forehead; several lacerations on the chin; and left 6th, 7th, and 8th rib fractures.  The plaintiff underwent surgery for application of a spanning external fixator to the right ankle, retrograde nailing of the right femoral shaft fracture, and irrigation and debridement of his skin, fascia, muscle, and bone of the open fracture of the right femur.  He underwent physical therapy after being released from U.Va. Medical Center.  His medical bills totaled $150,036.46.  His case settled for $385,000.

Type of action:        Car Crash
Injuries alleged:       Angulated tibia-fibula fracture, displaced
                               mid shaft fracture of the right femur, 
                               rib fractures
Name of case:          Confidential
Special damages:     $150,036.46 in medical bills and $9,433 in
                               lost wages
Verdict/settlement: Settlement
Amount:                  $385,000 total settlement; $100,000 from
                                liability carrier and $285,000 from UIM
                                carrier (West Virginia policy)  
Plaintiff attorneys:   Barbara S. Williams and Cory Ford,
                                Leesburg
Venue:                      Frederick County, Virginia

Awarded: $385,000


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