Automobile Collision-Dispute with Insurance Company regarding available coverage
Sep 06, 2012OUTCOME: $2,650,000 settlement
Our client was severely injured in an automobile collision when another driver crossed into her lane of travel and struck her vehicle head on at a high rate of speed. She sustained serious injuries ... including multiple rib fractures and internal lung injuries, fractures of both legs, a fractured shoulder, and amputation of her left thumb. Our client had five separate automobile insurance policies with her automobile insurance company, including a Personal Liability Umbrella Policy ("PLUP") in the amount of Two Million Dollars ($2,000,000). Georgia law requires that an insured be offered Uninsured Motorist Bodily Injury ("UM/BI") coverage equal to the liability limits. During our investigation into the insurance policies that were available to compensate our client, it was determined that the insurance company was unable to provide UM rejections for several of the policies, and as a result, was required to provide UM/BI coverage equal to the amount of liability coverage on the specific policies. We filed a lawsuit against the insurance company on behalf of our client in the State Court of Fulton County. After extensive litigation and conducting multiple depositions of our client's treating doctors, the case resolved. The total settlement consisted of $100,000 in liability limits and $2,550,000 in UM/BI monies for a total settlement of $2,650,000. Over $2,000,000 of the settlement was paid because we determined during our investigation that the insurance company did not have executed UM/BI rejection forms or the rejection form did not comply with Georgia law.