UIM and Liability Carriers Both on Hook For Damages
A recent verdict in the Fairfax County Circuit Court called for payments from both the plaintiff’s and defendant’s insurance companies.
Ms. Gina Deangelis was driving her vehicle on the exit ramp from Route 29 (Lee Highway) at West Ox Road on October 24, 2003. The defendant, Mr. Cory Dumar, ran a red light and crossed the path of the plaintiff’s vehicle causing a collision. Ms. Deangelis suffered a variety of injuries as a result of the accident.
The Fairfax jury awarded Ms. Deangelis $79,757 in damages but Mr. Dumar’s liability insurance limit was $25,000. Luckily for Ms. Deangelis she carried un-insured motorist/under-insured motorist (UIM) coverage. This insurance covers damages that exceed a defendant’s liability coverage. Mr. Dumars only carried $25,000 in liability coverage so the remaining balance of $54,757 was paid by Ms. Deangelis’ UIM insurance.
Virginia is one of the states that does not have an insurance requirement for drivers. It is perfectly legal for an uninsured motorist to drive in Virginia after paying a small fee to the DMV. That fact makes UIM coverage even more important for Virginians. Imagine being hit by a motorist without coverage and you have insufficient UIM coverage. You won’t be able to recover anything from the at-fault driver and the maximum you can get from your insurance company will be whatever your UIM coverage is. Is it enough?
The same applies for under-insured motorists such as Mr. Dumars. $25,000 is the minimum liability coverage available for purchase. Even if someone has $25,000 (even $100,000 if you suffer serious losses) it will likely not cover your losses. Make sure you have proper UIM coverage to protect yourself, it’s inexpensive and can protect you from the growing numbers of un-insured/under-insured motorists in Fairfax and the entire Commonwealth.
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