Late one night, a woman was stopped in traffic on Interstate 81 in Rockbridge County, Virginia, when a tractor-trailer slammed into the back of her SUV.
The collision involved two tractor-trailers in a chain reaction. The driver who struck her said the truck behind him had pushed him forward. She went to the emergency room and eventually spent about nine months in physical therapy and chiropractic treatment. She also needed neck injections and nerve testing.
But the physical recovery wasn’t her only challenge. The insurance company questioned her injuries, disputed her medical bills, and initially offered far less than the amount her claim ultimately recovered.
After rebuilding the case and addressing problems with the existing lawsuit, BenGlassLaw helped secure a total recovery of $57,000.
Case at a Glance
- Location: Interstate 81 in Rockbridge County, Virginia
- Accident: Rear-end collision involving two tractor-trailers
- Injuries: Neck injuries requiring physical therapy, chiropractic care, injections, and nerve testing
- Insurance Company: Canal Insurance
- Initial Offer: Approximately $30,000
- Total Recovery: $57,000
The Insurance Company Questioned Her Injuries and Medical Bills
The claim involved more than a straightforward conversation about who caused the crash.
Canal Insurance had a single combined policy limit of $1 million. That limit had to account for multiple injured people and property damage claims arising from the same collision.
Canal said it could not accept the original settlement demands. It also challenged whether the woman’s medical treatment was related to the crash.
One particularly important dispute involved her medical bills. Although the bills totaled approximately $35,000, Canal’s billing reviewer argued that the reasonable value of those services was closer to $9,000.
Canal’s early settlement offer was only about $30,000.
The claim had already experienced delays before it reached BenGlassLaw. The woman had been passed between several attorneys, communication with the insurance company had been slow, and a lawsuit filed on her behalf had been combined with another person’s claim.
Those problems needed to be addressed before the case could move forward effectively.
BenGlassLaw Rebuilt the Claim From the Ground Up
Rather than simply continuing the existing negotiations, our team went back through the file and addressed the problems that were holding the case back.
We Organized the Medical Evidence
Hundreds of pages of medical records and bills had been grouped together in a way that made the treatment history difficult to follow.
We gathered the missing documentation and created a clear, visit-by-visit breakdown of her medical treatment and expenses. This gave the insurance adjuster a much more organized picture of what care she received and how the claim developed.
That mattered because Canal was questioning both the amount of the bills and whether the treatment was connected to the accident.
We Corrected the Lawsuit
The existing lawsuit had been combined with another injured person’s claim. We dismissed that improperly combined case and refiled the lawsuit so her claim could proceed on its own.
A case needs to be properly organized and presented. Fixing this issue helped put her claim back on track.
We Pursued Additional Insurance Coverage
We also opened a medical payments claim under the vehicle’s State Farm policy.
Medical payments coverage can help pay certain accident-related medical expenses, depending on the policy. We worked through that coverage while also addressing the health insurance payments and potential reimbursement claims that could affect the final resolution.
For people dealing with a commercial truck accident, identifying available insurance and understanding how medical bills and liens affect a settlement can be an important part of the process. Our guide to commercial vehicle accident settlements explains some of the factors that can affect these claims.
The Settlement Increased From $30,000 to $57,000
Once the records were organized, the lawsuit was corrected, and the available coverage had been addressed, we returned to negotiations with Canal Insurance.
The offers increased over time:
- Initial offer: Approximately $30,000
- Later offer: $42,000
- Subsequent offer: $50,000
The case ultimately resolved for a total recovery of $57,000, nearly twice Canal’s initial offer.
The resolution also accounted for outstanding medical bills and reimbursement issues. That’s an important distinction in any injury claim: the total recovery is not necessarily the same as the amount a client ultimately keeps after medical expenses, liens, and other case-related obligations are addressed.
What This Case Shows About Truck Accident Claims
A commercial truck accident claim can involve more than proving that a large vehicle struck a smaller one. Insurance limits may be shared among multiple injured people, medical expenses can become a point of dispute, and problems with an existing lawsuit can create additional obstacles.
In Virginia, drivers are required to maintain a reasonable and prudent following distance. That requirement applies to vehicles following other vehicles, including tractor-trailers. You can read the rule in Virginia Code § 46.2-816.
The details of each collision matter, particularly when a driver claims another vehicle pushed them into the vehicle ahead. A careful review of the evidence, medical records, insurance coverage, and legal filings can make a meaningful difference in how a claim moves forward.
Injured in a Truck Accident in Virginia?
If you were hurt in a collision with a tractor-trailer or commercial truck, you may be dealing with medical bills, ongoing treatment, and an insurance company that questions your injuries or delays your claim.
You also have the right to ask questions about your current legal representation. If your attorney isn’t communicating with you or you don’t understand what is happening with your case, you can explore your options for changing lawyers.
At BenGlassLaw, we help injured people understand their options and pursue the insurance coverage available to them. If your truck accident claim has stalled, contact our team to talk about where things stand and what can be done next.
Our case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar outcome in any future case.