$2.975 Million Settlement — Catastrophic Passenger Injury & Insurance Coverage Dispute
Blankingship & Keith secured a $2.975 million global settlement for a woman who suffered catastrophic injuries as a front-seat passenger in a T-bone collision with an uninsured motorist driving at nearly double the posted speed limit. The crash resulted in permanent partial tongue paralysis, more than a dozen rib fractures, extensive bilateral pelvic fractures, fractures of the lumbar and cervical spine, comminuted fractures of her sacral bone and sternum, and a traumatic brain injury.
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FAQ
What happened in this case?
Our client was visiting family in Virginia when the car she was riding in was t-boned in an intersection by an uninsured driver who was going almost twice the posted speed limit. She was the front-seat passenger and suffered devastating injuries — broken ribs, pelvic fractures, spinal injuries, a traumatic brain injury, and permanent partial tongue paralysis. Her life changed instantly.
How did you help her after the crash?
From the very beginning, we focused on investigating every possible insurance coverage available from multiple policies that protected her. We fought back when an insurance company tried to deny coverage based on ambiguous language.
Didn’t the insurance company try to avoid paying?
They did. Even though they agreed she was severely injured and uninsured coverage applied, they tried to deny access to the liability coverage available through an umbrella policy by focusing on a poorly written exclusion. The language of the exclusion was subject to at least two interpretations and if it had applied, would have left an injured person without adequate coverage. We even consulted with a linguistics expert who agreed that the insurance contract provision was ambiguous.
What ended up happening?
Right before dueling summary judgment motions, the insurer opted to pay the full limits of all applicable policies — $2.5 million. After that, we pursued additional uninsured motorist benefits from a separate motorhome policy and negotiated another $475,000. In total, our client recovered $2.975 million to help rebuild her life.
What made this case so challenging?
The biggest frustration in this case was the delay in justice for our client. Our client had suffered life-altering injuries and the insurance company drug its feet in reaching resolution. It took persistence and creativity to prove coverage applied and force the insurer to pay what was owed.
What does this result mean for someone who’s been seriously hurt?
It means that even if you are injured by an uninsured driver or driver with inadequate coverage, there may still be a successful path forward. In this situation, you should always ask an attorney you are considering hiring, whether she has navigated insurance coverage disputes. The inquiry into insurance doesn’t necessarily end because the insurance company denies coverage. We fight for our clients’ recovery and their future. That’s the work we’re proud to do every day.