Posted On: December 2, 2010 by Avery T. "Sandy" Waterman, Jr., Esq.

Virginia: Insurers Re-Victimizing the Victim - a Lawyer’s Example

On December 2, 2010, another insurance company re-victimized a vehicle accident victim of its insured. In a clear case of liability and significant damages in York County, the offender’s insurer low-balled the Virginia victim motorist.

For years, insurance companies and other defense interests have massaged public thinking with advertizing campaigns, legislative agendas, political contributions, etc. Their deep-pocket tactics have conditioned citizens to view vehicle accident victims and other personal injury claimants as greedy, unsavory, and frivolous – despite most victims having legitimate claims.

Having predisposed people negatively toward claimants, many insurers play hardball against personal injury victims. They make subpar settlement offers to genuine vehicle accident victims, confident that they have poisoned the jury pool sufficiently in case the claimant does not knuckle under and instead files suit for fair compensation.

Mr. Waterman recounts a current vehicle accident case of lowballing. On February 4, 2010, a Yorktown motorist failed to yield the right of way while turning on State Route 17, cutting in front of an oncoming Gloucester motorist and causing a serious collision.

That vehicle accident victim sustained closed head and other injuries; required medical treatment and care and was disabled from work for more than 4 months; and 10 months after-the-fact still suffers some residual limitations. His past medical bills are more than $20,000.00 and his past lost wages are almost $25,000.00, totaling approximately $45,000.00 in fully-documented undeniable special damages alone!

Farmers Insurance Group is obligated to the offending motorist for $100,000.00 in liability insurance coverage for this collision. But it offered the vehicle accident victim only $55,000.00 initially and $60,000.00 subsequently for all of his collision-related damages, including pain, suffering, anxiety, inconvenience, etc.

Thus, contrary to insurance industry propaganda, an unreasonable Farmers Insurance Group – not an undeserving vehicle accident victim – really is forcing this virtuous claim into litigation and unto trial. To avoid the victim being re-victimized by insurance defense interest, this week Mr. Waterman intends to file a personal injury lawsuit in Circuit Court for York County and Poquoson, Virginia.

Most unfortunately, this case example is not an insolated event. Mr. Waterman routinely has to contend with insurance adjusters not offering full compensation to vehicle accident victims.