Personal Injury Law

Missouri Auto Injury Settlement - Primary Auto Insurance and Missouri Umbrella Coverage for Excess

By Benjamin J. Sansone, Esq.

Staff article - by Erin mace

Today?s blog serves a dual purpose. First, I hope that it is informative for those that are seeking information on what to do regarding your potential Missouri or Illinois Personal Injury case. Second, I hope it serves as a caveat to all you neighborhood speeders ? mainly the three teens and/or their parents from my neighborhood with whom I have had countless confrontations regarding this very subject.

A St. Charles County woman has settled her Missouri personal injury case with a teen and his insurance company to the tune of $1.15 million dollars. In 2008, the injured woman was struck head on by a 17-year old who was driving 50 mph in a 25 mph neighborhood. The Missouri automobile accident occurred when he crossed the center line while going around a curve. The impact of the crash pushed the woman?s upper body into the dashboard and crushed her lower body causing severe Missouri injuries and leading to a St Louis area personal injury auto claim. As is typical in these types of cases, the negligent driver walked away with bruises, while the injured party underwent several surgeries to repair fractured hip and leg bones. Two years later, she continues to walk with a cane. She has not been able to return to work since the St Charles auto accident and injuries.

During discovery, the plaintiff?s St Louis injury attorney found that the negligent teen driver was covered under his father?s $1 million umbrella policy. Attorney for the plaintiff stated, ?That changed our outlook on the case?. It was not information that the family?s insurance company voluntarily provided.

Both parties agreed to the settlement after a Missouri car accident injury mediation. As she did not have medical insurance at the time of the accident, part of the settlement included a stipulation that she would have a portion of the settlement amount put in a Medicaid set-aside trust. This is so she will be able to repay Medicare or Medicade for any future medical expenses.

Missouri law allows an injured party to collect from the negligent party?s umbrella insurance policy. The umbrella policy is set up to protect the insured?s assets, such as a house, boats, etc. If a judgment amount extends over your policy limits, the umbrella policy covers your legal liability. This injured party sustained substantial injuries and was allowed to collect from not only the auto insurance coverage, but also from the supplemental coverage, thereby ensuring her medical bills and future sufferings would be compensated.

Full post as published by Missouri Injury Law Blog on November 16, 2010 (boomark / email).