The gist of the improvement is that when there is a claim against an at-fault driver, and there is coverage available both on the vehicle of the at-fault driver, and also on the vehicle of the car that the injured person was in, we can, under certain circumstances get the money from the first insurance company and give that money to the person who needs it immediately rather than waiting for both parts of the insurance claim to be resolved.
“The total amount of bodily injury and property damage coverage applicable to the operation or use of the motor vehicle and available for payment for such bodily injury or property damage, including all bonds or deposits of money or securities made … is less than the total amount of uninsured motorist coverage afforded any person injured as a result of the operation or use of the vehicle.”
How the UIM Change Can Benefit People Hurt in Car Wrecks
In the old days, in fact for most of the 27 years that I've been practicing personal injury law, Virginia was unlike some other states in that you couldn't take the money from the first insurance carrier under the liability policy until you had reached whatever deal you were going to reach with the second insurer, the underinsured motorist coverage or UIM.
This was a very cumbersome system because it meant that even though you knew exactly what you were entitled to and it was all agreed with the first insurance carrier, you couldn't do anything good for the client by getting the money into their bank account and away from the insurance company until you had worked out a deal with the second insurance company.
The old system was illogical and made no sense because it just caused things to be more complicated and slower than they needed to be. However, change is seldom fast in Virginia. Luckily, everyone including some insurance companies realized that the old rule had to change. Now if I have a $100,000.00 offer from the at-fault driver's insurance company, and my case is worth $250,000.00, I can take the first sum while pursuing available UIM coverage from my client's end policy. If there's some difficulty in reaching an agreement with the UIM carrier, I don't have to wait to disburse the first $100,000.00 even if the case must go all the way to a jury trial which might take a year in the Virginia state courts.
This new system for streamlining UIM cases will make a big difference for me and the people that I help who have been hurt through no fault of their own in a car, truck or motorcycle accidents.
It's better for everyone including for the insurance companies because they get to close files and move forward without having to wait around for disputes between other companies and other persons to be resolved before being able to finalize an agreement and release which has been agreed to by the parties.
UIM insurance is a bit complicated and hard to understand. Most people have no idea about this aspect of their automobile insurance policy unless they have been in a wreck with serious injuries that included a UIM claim. Even then, I often have to explain this a couple of times to my clients before they fully grasp what I'm doing and why I'm doing it and how it's to their advantage. If you ever have a question about anything having to do with a serious personal injury or automobile insurance coverage including UIM, please don't hesitate to give me or one of my fellow attorneys at my firm a call at (757) 455.0077.
John Cooper is a veteran of personal injury law practice in Virginia. A native Virginian, he was raised in Norfolk and Virginia Beach. He has more than 20 years of experience handling personal injury cases and recently handled the largest auto accident settlement in 2010, according to VA Lawyers Weekly. The award provided $3.5 million to a child whose young father died when the vehicle he was a passenger in was rear-ended by a careless truck driver.
Jim Hurley has been practicing law throughout Virginia for more than two-and-a-half decades. During his career, he has tried more than 100 jury trials — a staggering number — and handled hundreds more that were settled out of court. He is guided by the principle that the client is in charge of his or her case and should be kept fully aware of the litigation process. Jim has been awarded an AV Rating by Martindale-Hubbell, the highest rating given, for his practice of law. He was named in Virginia Super Lawyers in 2014, 2015, 2016.
Bill O’Mara started his legal career in 2008, moving back to his home town of Chesapeake, VA. He has practiced in the field of plaintiffs’ personal injury and other litigation. He has gained extensive court room and trial experience, including contested trials before judges and juries across Hampton Roads. In 2014, Mr. O’Mara joined Cooper Hurley Injury Lawyers as an associate attorney. He became a partner in 2017.
Cooper Hurley awards three $2,000 college scholarships annually to high school seniors in the Tidewater and Eastern Shore areas of Virginia. Eligible students can submit an essay of 500 to 1,000 words on the subject of Distracted Driving. We established this program to aid worthy scholars and to raise awareness of the tragic consequences of distracted driving, which we encounter too often in our practice.