A car accident can look like a small personal injury claim on paper while hiding much more serious evidence underneath. In this Prince William County case, our client was a retired driver with about $4,000 in medical bills after being rear-ended. What changed the case was what BenGlassLaw uncovered about the driver who hit her.
Case at a Glance
- Case Type: DUI Rear-End Collision
- Location: Prince William County, Virginia
- Client: Retired Driver
- At-Fault Insurance: National General
- Key Evidence: .31 Blood Alcohol Concentration
- Additional Finding: Prior DUI
- Total Recovery: $55,000 ($50,000 Liability Limit + $5,000 UIM Recovery)
Why This Case Matters
Insurance companies may look closely at the amount of medical treatment when deciding what a car accident claim is worth. But medical bills don’t always tell the whole story.
In this case, the initial settlement offers reflected a relatively small amount of medical treatment. BenGlassLaw looked deeper into the circumstances of the crash and uncovered evidence that dramatically changed the picture: the at-fault driver’s blood alcohol concentration was 0.31, nearly four times Virginia’s legal limit, and he had a prior DUI.
That evidence helped support a much stronger claim and ultimately led to a $55,000 recovery.
The Crash
Our client was stopped at a traffic light in Prince William County when another driver slammed into the back of her vehicle. She never saw the collision coming.
Afterward, our client experienced pain in her neck and lower back. She did not go to the emergency room or arrive by ambulance. Instead, she planned to see her regular doctor and hoped the pain would improve.
The driver who caused the crash was insured by National General Insurance Company. Our client had her own automobile insurance through State Farm. What our client didn’t know at first was that the driver who hit her had been drinking.
Why the Claim Looked Small at First
Our client was retired, so there was no lost-income claim. Her medical treatment was also relatively limited, consisting primarily of care from her primary care physician and a chiropractor. Her medical bills totaled roughly $4,000.
National General initially responded with a settlement offer in the low four figures. On paper, it was easy to see why the insurance company might have viewed the claim that way. But there was an important piece of the story that hadn’t yet been uncovered.
The police report showed that the other driver had been charged with DUI, but the actual blood alcohol result was not included in the court file. A public records request to the police department did not produce the result either.
For our team, that was worth investigating further.
Finding the Evidence the Police Records Didn’t Reveal
The blood alcohol level mattered because it could significantly affect the civil claim, including the potential for punitive damages under Virginia law. So instead of accepting the information that was readily available, BenGlassLaw filed a lawsuit in Prince William County Circuit Court.
The purpose wasn’t necessarily to take the case all the way to trial. Filing suit gave the legal team access to subpoena power and additional tools for obtaining evidence.
The team carefully reviewed officer body-camera footage and reconstructed the local EMS response to determine where the at-fault driver had been treated after the crash. That investigation led to the hospital records.
And those records contained the number everyone had been looking for:
0.31 BAC.
That’s nearly four times Virginia’s legal limit for driving. The investigation also uncovered evidence of a prior DUI. The case now looked very different from the low-value rear-end claim reflected in National General’s initial offer.
Turning the Evidence Into a Stronger Claim
BenGlassLaw presented the newly discovered evidence to National General along with the medical documentation supporting our client’s injuries. The evidence of extreme intoxication changed the settlement conversation and supported an argument for punitive damages based on the driver’s conduct.
National General ultimately agreed to pay its full $50,000 policy limit.
But BenGlassLaw didn’t stop there.
Our client’s State Farm automobile policy also provided underinsured motorist (UIM) coverage. Because the available liability insurance did not fully resolve the claim, the team pursued additional compensation through that policy.
State Farm ultimately agreed to pay another $5,000.
The Result
Out client received a total recovery of $55,000:
- $50,000 from National General
- $5,000 from State Farm UIM coverage
For a claim that initially appeared to be worth only a few thousand dollars, the result was significant. More importantly, the recovery was driven by evidence that the insurance company did not have when it made its initial offer.
What This Case Demonstrates
A relatively small amount of medical treatment does not necessarily tell the entire story of a Virginia DUI accident claim.
In our client’s case, the most important evidence wasn’t another medical bill. It was evidence about how the crash happened and the conduct of the driver who caused it.
Obtaining that evidence required filing suit, investigating body-camera footage and the EMS response, locating the hospital that treated the driver, and subpoenaing records that were not available through ordinary public-records requests.
The case also demonstrates why it’s important to investigate available insurance coverage. Once National General paid its policy limit, our client’s own State Farm UIM coverage provided an additional source of recovery.
Injured by a Drunk Driver in Prince William County?
If you’ve been injured by a drunk driver, don’t assume your claim is worth only what the insurance company offers based on your initial medical bills.
Evidence about the driver’s intoxication, the circumstances of the crash, and available insurance coverage can all affect a personal injury claim.
BenGlassLaw helps injured Virginians investigate serious car accidents, including DUI accident claims in Prince William County, pursue available insurance coverage, and build claims based on the full facts—not simply the first number an insurance company puts on the table. Contact us today for a free consultation.