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$300,000 Accident Settlement Reached for Client Injured in Atlanta Car Accident. Policy Limits Were Less!

August 19, 2010

Montlick & Associates, Attorneys at Law, was contacted by a claimant who was involved in a vehicle roll over accident. The driver lost control of her vehicle and hit a dirt shoulder which caused the vehicle to rotate in a counter clockwise manner. The vehicle then rolled over and collided with the guardrail. One person was killed and eight other passengers seriously injured. Our client sustained a fractured cervical spine, at C5 and C6, a spinal cord injury and a fractured hand.

Sadly, there was only a total of $100,000 available in liability insurance coverage for all eight plaintiffs.

Our Atlanta motor vehicle accident attorneys discovered that our client was living with his uncle who had three State Farm policies. Each policy had $100,000 for liability coverage and $25,000 for uninsured motorist coverage. Montlick & Associates, Attorneys at Law, requested a copy of State Farm's insurance application along with signed waivers since, by law, a policy holder must make an informed decision when they have less uninsured motorist coverage than liability coverage. This waiver must be in writing.

Montlick & Associates, Attorneys at Law, first had to verify the liability coverage which was $100,000 with State Farm. That money was paid into the court via an "Interpleader" action. We sent letters to State Farm asking for the signed Uninsured Motorist waivers, which they failed to produce.

Our client did not receive any compensation from the court via the liability policy because some of the other 7 plaintiff's injuries were much more severe, even though our own client's injuries were serious. However, due to State Farm's inability to produce the Uninsured Motorist waivers we were able to settle our client’s claim with State Farm for $300,000! This result was much better than our client could have ever hoped to recover from all three of her uncle's policies.

Category: Montlick Law

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Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.