Motorist strikes cyclist, breaking wrist, thumb, clavicle; $225,000 settlement with 2 insurance companies
Leesburg and Reston crash injury lawyer Doug Landau was recently asked if the negligent driver’s insurance is not enough, can the injured cyclist collect additional money from her own insurance company ? The short answer is, “yes.” In addition, the ABRAMS LANDAU trial lawyer has seen such cases where the injured cyclist’s insurance company pays the innocent injured victim and then GOES AFTER the negligent driver for the balance. This saves the victim from having to chase the Defendant driver, potentially going through the Bankruptcy court proceedings and/or Collections in order to receive the money in small amounts over long periods of time. This is the protection that is included in UNDERinsured motorist coverages.
In a recent case handled by my friend and skilled masters soccer player George Albiston, the Plaintiff was riding a motorcycle when he was struck by the defendant and knocked from the motorcycle. He suffered a fractured clavicle, wrist and thumb. After extensive care, and $57,000 in special damages, the Tidewater area cyclist made a good recovery from most of his injuries. The injured biker was left with some limitation of flexion in his wrist and some restricted motion in his thumb. Total coverage was $250,000 with the liability carrier, AIG, having $25,000 and the underinsured motorist carrier, Liberty Mutual, having $250,000. Experts for the Plaintiff and those hired to testify by the insurance defense lawyer differed on the nature and extent of the restriction in motion and permanence of any injury. This Chesapeake Circuit Court case result was reported last week in Virginia Lawyers Weekly
