Because the other driver was uninsured, the client could not rely on that driver’s liability insurance to compensate him for his injuries.
Rutter Mills needed to identify other available coverage, including uninsured motorist (UM) benefits.
The client believed the circumstances made liability clear. According to his account, the other driver had been drinking, did not have a valid driver’s license, and was uninsured. However, his own insurance company argued that the trainer was partially responsible for the collision.
Under Virginia’s contributory negligence rule, even a small degree of negligence by an injured person can prevent recovery if that negligence contributed to the accident. The insurer’s position threatened the client’s ability to recover compensation despite his injuries and substantial medical expenses.
The insurance company’s first offer was just $30,000, less than half the client’s medical expenses.
The client was also dealing with lost income and significant disruptions to his daily life. During the case, he was involved in a second rear-end accident while driving a borrowed vehicle, adding another complication to his circumstances. When the insurer later increased its offer to $150,000, the client was ready to accept.
Dan deLalla advised him to wait.
“He said: ‘I do this for a living. Trust me.’” the trainer recalled. “And he was right.”
