The news is filled with reports of car wrecks and the the consequences of those accidents. This morning I read about a tragedy where a woman was killed when a 16 year old driver of a Hummer hit her scooter and catapulted her into the Hummer. Shortly after suit was filed in Norfolk, Virginia, the death case was settled for insurance policy limits of 1.25 million dollars. One of the factors driving the settlement was the potential for a bad faith claim against the insurance company. The lawsuit alleged that the Hummer had been negligently entrusted to the young driver as he had a history of poor driving. And, the value of the damages in the case exceeded the insurance coverage. If a jury had returned a verdict in excess of the coverage, the insured would have been liable for the excess amount of the verdict. However, there was also the potential for a bad faith claim against the insurance company by the insured because there was the opportunity to settle the case for an mount not exceeding the policy limits. This legal strategy proved to be very effective. I am handling a case where similar facts are in issue. In order to obtain a fair settlement in a personal injury or a death case, the concept of bad faith should always be considered. This is particularly true where coverage is limited. An experienced attorney can analyze an injury claim to see if such aan argument is appropriate.
Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro
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