All Virginia drivers are responsible for carrying a certain amount of auto insurance for their vehicle in case they are in an accident that results in bodily injury or property damage. Drivers must also have insurance coverage in the event that an uninsured or underinsured motorist causes a collision. However, having the necessary insurance coverage does not guarantee that the insurance company will settle any claim made against the policy. In fact, in too many cases insurance companies will deny coverage for medical treatment that was received in the immediate aftermath of a serious accident.
A recent case in front of a state appellate court illustrates one woman’s journey in getting an insurance company to cover the costs of the treatment she received in the hours after a car accident, caused by an uninsured motorist.
The Facts of the Case
The plaintiff in the case was a passenger in her mother’s car when it was struck by another driver who had run a stop sign. The plaintiff was transported to the hospital via ambulance and admitted to the emergency room. Once she was seen in the emergency room, she was then sent to the trauma center. She was discharged later that day with a cervical collar.
Because the driver who struck her mother’s vehicle was uninsured, the plaintiff had no choice but to seek compensation for her medical expenses through the underinsured/uninsured motorist provision of her mother’s insurance policy. However, the insurance company denied coverage for all treatment received in the trauma center.
The plaintiff negotiated with the insurance company for over a year before giving up and filing a bad-faith claim. After the claim was filed, the insurance company then presented the plaintiff with an offer to settle her claim. The offer was for more than all her medical expenses combined. The plaintiff rejected the offer and proceeded with her bad-faith claim.
The trial judge hearing the case granted the defendant’s motion for summary judgment, holding that the insurance company was not acting in bad faith by contesting the validity of certain treatment. However, on appeal the court reversed that decision. The appellate court determined that the plaintiff did present sufficient evidence that the insurance company acted in bad faith, and that a jury should ultimately determine whether bad faith was involved.
Have You Been Struggling with a Difficult Insurance Company After an Accident?
If you or a loved one has recently been injured in a Virginia auto accident, and have been fighting with an insurance company for coverage you thought you had paid for, you can benefit from the experience of the team at The Schupak Law Firm. At The Schupak Law Firm, we understand how to successfully negotiate with insurance companies, and with decades of experience bringing cases to trial, we are not afraid to take a firm stance on behalf of our clients. Call 703-491-7070 today to set up a free consultation to discuss your case with a dedicated personal injury advocate.
See More Blog Posts:
Proof of Causation Is Imperative in Virginia Slip-and-Fall Cases, Virginia Injury Lawyers Blog, February 22, 2017.
Court Determines School’s Efforts to Melt Snow in Parking Lot Did Not Increase the Chance of Student’s Slip-and-Fall Accident, Virginia Injury Lawyers Blog, March 6, 2017.