$100K and $25K Bodily Injury Liability Settlements from Same Collision

Genavieve recently obtained two bodily injury liability policy
limits settlements for our client Mark – $100K from the car that hit him, and $25K from the car in which he was a
passenger. This was possible because the insurance
adjusters for each driver were alleging comparative fault. Because Mark was not the one driving, he was able
to take advantage of that insurance dispute and make a claim against both drivers.

At the time of the accident, Mark was a passenger in his mom’s car when it was rear-ended by another vehicle in
Rockford, Illinois, about 1.5 hours outside of Chicago.

Usually, liability in rear- end collisions is pretty
straightforward, and there is a strong presumption that the driver of the car that was hit was not at fault.
However, here, the driver who rear-ended them, along with another witness, claimed that Mark’s mom’s vehicle
was improperly stopped in the roadway.

As a result of the collision, Mark sustained disk herniations in his neck and back. He underwent physical
therapy along with epidural steroid injections. We first made the $100K policy limits demand to Geico
against the driver who rear-ended him.

The adjuster initially attempted to reduce the value of his case by alleging contributory negligence, but Genavieve
reminded him that Mark could not be at fault as a passenger. Ultimately, we obtained the $100K and moreover, the
letter from Geico asserting that Mark’s mom was partially liable came in handy.

After obtaining the $100k from Geico, Genavieve spoke with Mark and asked him if he would be comfortable making a
claim against his mom, who was insured for another $25K with Unique Insurance. They were onboard, and the demand was
sent.

At first, Unique Insurance assumed that the claim was for Underinsured Motorist (“UIM”) benefits, and denied it for
lack of coverage. Then, they too alleged contributory negligence. We once again had to explain how that was
impossible when it came to our client, and then obtained the $25K policy limits.

If you are a passenger injured in a car accident, keep in
mind that you may actually have two bodily-injury liability claims if liability is disputed. It may feel
uncomfortable to make a
claim against the driver of your car because they may be a friend or family member. However, that is why
they have insurance, and their insurance company will appoint them an adjuster or lawyer free of charge, and any
settlement comes out of the insurance company’s pocket.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

Chat With Us