Yesterday (8/15/2019), the Virginia Supreme Court upheld a ruling ordering a motorist to pay $1.5 million in damages after causing another driver serious injuries. A trial judge ordered Ann Elizabeth Llewellyn to pay Ann Michelle White $1.5 million after they found Mrs. Llewellyn was negligent. White had extensive injuries and had to undergo several surgeries. Llewellyn was only insured for up to $250,000. After White filed her lawsuit, she informed her insurer that she was making an underinsured motorist claim. Her underinsured motorist plan covered up to $1 million. Before the trial, White and her insurer reached a $750,000 settlement.
Because of this, Llewellyn appealed the trial judges decision and placed a bid to reduce the $1.5 million she owed white by $750,000. Under code, § 8.01-35.1 in Virginia, when two parties are liable for the same injury, the amount recovered from a settling party offsets the amount recovered against the unsettling party. However, the court did not agree with Llewellyn’s argument. The court ruled that Whites insurance company was contractually obligated to pay white because of Llewellyn’s inadequate coverage. White’s insurance company was not actually liable for the accident but responsible for paying out whatever Llewellyn’s issuance did not cover.
Contact a San Antonio Accident Lawyer.
Have you or a loved one been in a serious car crash and suffered injuries? If so, you should contact an experienced Personal Injury attorney. Villarreal and Begum is a local San Antonio firm that will fight to get you the compensation that you deserve. We serve clients all across Texas with offices in San Antonio, McAllen, and Laredo. We are available day and night to take your calls. Call or contact us via our website. The Law Guns will fight for you.