Recently, Abrenio Law settled a hit and run accident case resulting in a traumatic brain injury (TBI) for the car insurance limits of $2.25 million. To obtain those insurance limits, we were compelled to file a lawsuit, conduct depositions, perform an inspect of the defendant’s vehicle and extract his “black box,” as well as have our client undergo significant medical evaluations demonstrating her severe TBI. Shortly after designating our expert witnesses, the insurance company offered their full limits of insurance.
What happened?
Our client, 55 years old at the time, was walking her two dogs in a local Northern Virginia suburb when the defendant crashed into them. He then left the scene of the accident, only to be discovered by law enforcement two hours later behind a nearby high school. For his behavior, the defendant pled guilty to Felony Hit & Run and Reckless Driving.
Our client’s injuries.
While our client survived the crash, she suffered devasting injuries to include rib fractures, a sternal fracture, a punctured lung, and a severe head injury that involved skull fractures. Later imaging demonstrated encephalomalacia (loss of brain tissue) in her right frontal lobe. Despite her multiple injuries, our client did not undergo surgery. However, she spent approximately two weeks in the hospital and an additional two weeks in inpatient rehabilitation. She was ultimately diagnosed with a permanent TBI.
Remarkably, our client demonstrated such grit that she was able to return to work four months after the crash. With that said, she still experiences ongoing symptoms to include headaches, dizziness, neck pain, and slower speech, which affect her at home and at work.
What can you learn from this horrific accident?
One point this case highlights is the importance of buying enough car insurance. In this case, the defendant only had $250,000 in liability coverage. Fortunately, he lived with his mom who also purchased a $2 million umbrella policy. Had she not done so, the car insurance funds in this case would have been limited to $250,000. While that may seem like a lot of money, if you or a family member is ever severely injured in a car crash – like this one – $250,000 is just a drop in the bucket.
Couldn’t you just go after the defendant for more money?
When there’s limited car insurance, you certainly have the right to go after the person who injured you for more money. However, in our experience, seeking money directly from individuals is typically a very tall order. Most people don’t have thousands, and certainly not millions, of dollars to compensate you for your injuries sitting around. If they did, they typically will buy more insurance to protect their assets.
How do I protect myself from someone hurting me not buying enough car insurance?
The answer, at least here in Virginia, is simple. Buy more Underinsured Motorist Coverage (UIM). UIM is the coverage that protects you if someone who hits you didn’t buy enough coverage. Click here to learn more. And recently, Virginia changed its laws to give you even greater protection under UIM coverage.
Even if you’re not happy with the outcome in the defendant’s criminal/traffic case, it still matters in your civil case.
In most car crash cases, even when you are seriously injured, the defendant’s charge will not truly reflect what you’ve been through. In this case, while the defendant was ultimately convicted of Felony Hit & Run and Reckless Driving, he was not sentenced to significant jail time. This is despite leaving our client for dead after running her over.
The reality is in most car crash cases, outcomes like this are not unusual. Indeed, in many cases, the defendants will only be charged with traffic infractions like Failure to Yield or Failure to Obey a Highway Sign, which just carries with them fines. While this may be truly unsatisfying given what they’ve put you through, remember that what happens in criminal/traffic court still matters.
As we’ve explained before, when the defendant pleads guilty or no contest (or fails to appear) for the criminal/traffic case, this is admissible in your personal injury claim. On the other hand, if they plead not guilty, but are convicted, this is inadmissible in your personal injury claim. So, in many instances, you are in a better position in your personal injury claim if the defendant pleads guilty to a minor offense instead of them pleading guilty to a more serious offense and being convicted.
Still have questions?
Make sure to check out our Personal Injury & Criminal Defense Practice Pages where we’ve answered many other questions you likely have. Abrenio Law is a Personal Injury & Criminal Defense Law Firm representing individuals in Northern Virginia and throughout the Commonwealth. You can learn more about Abrenio Law by visiting our About Us page. You can also read about some of our Prior Results, and Read Our Reviews. Make sure to contact us at Ph. 703-570-4180 for your Free Consultation.