A rear-end collision can look relatively minor at first, especially when the injured person is sent home from the emergency room. But some injuries take time to reveal themselves. In this case, a Loudoun County driver developed a serious brain injury after being hit from behind—and the available insurance coverage required a deeper investigation.
Case at a Glance
- Case Type: Rear-End Collision
- Location: Loudoun County, Virginia
- Primary Injury: Subdural Hematoma
- At-Fault Carrier: Progressive
- Additional Coverage: GEICO Underinsured Motorist Coverage
- Total Recovery: $150,000
- Result: Full Available Insurance Coverage Recovered
The Crash
“Sam” was slowing for a bus when a pickup truck slammed into the back of his SUV.
An ambulance took him to the emergency room, where he was initially released. Within the next 48 hours, however, further imaging revealed a subdural hematoma, or bleeding around the brain.
What followed was a much longer recovery than anyone initially expected. Sam required hospitalization and continued treatment with neurology, physical therapy, speech therapy, and home health providers. He was unable to work for months, and his SUV was ultimately declared a total loss.
The Insurance Problem
The other driver had insurance through Progressive, but the policy provided only $100,000 in bodily injury coverage.
For an injury as serious as Sam’s, that was a significant limitation. His medical treatment was continuing, he had lost substantial income, and the long-term effects of the brain injury were still being evaluated.
BenGlassLaw therefore investigated whether there was additional insurance coverage available through Sam’s own automobile policy.
There was.
Sam had $50,000 in underinsured motorist coverage through GEICO.
The situation wasn’t quite that simple, though. The pickup truck wasn’t owned by the driver—it belonged to a resident relative. That raised additional questions about whether another policy or an umbrella policy might apply and whether the driver had assets that could make pursuing him personally worthwhile.
Finding Every Available Source of Recovery
Before negotiating the settlement, BenGlassLaw worked to answer a basic but important question: What insurance coverage actually existed?
The firm contacted both Progressive and GEICO, formally requested policy-limit information, and investigated the ownership and insurance history of the pickup truck.
The team also obtained Affidavits of No Other Insurance from the vehicle owner and driver and conducted an asset search to determine whether the at-fault driver had meaningful assets that could provide another source of compensation.
Virginia’s uninsured and underinsured motorist law establishes rules governing coverage and the priority of payment when an injured person may be entitled to coverage under more than one policy.
That investigation ultimately confirmed the available coverage and allowed the firm to focus on maximizing it rather than pursuing a defendant who was unlikely to have additional resources.
Building the Injury Claim
The insurance coverage was only part of the equation. The claim also needed to show why the available limits were appropriate given the severity of Sam’s injuries.
BenGlassLaw gathered the records documenting his emergency treatment, hospitalization, neurological care, rehabilitation, speech therapy, and home health services. The demand also documented his lost income and the effect the injury had on his ability to work.
Because Sam was still treating, the attorney considered the medical expenses and other financial consequences he could continue to face as he recovered.
Securing the Full Available Coverage
Progressive ultimately tendered its $100,000 bodily injury limit.
BenGlassLaw then pursued the additional $50,000 available under Sam’s GEICO underinsured motorist coverage.
Both carriers agreed to pay their respective limits, bringing the total recovery to $150,000.
The settlement funds were delivered roughly two weeks after acceptance.
What This Case Shows
The insurance policy carried by the driver who caused an accident isn’t always the only source of compensation available to an injured person.
When a serious injury claim exceeds the at-fault driver’s liability limits, investigating the injured person’s own automobile insurance can uncover additional underinsured motorist coverage. But determining what policies apply—and whether there are other potential sources of recovery—requires looking at the details of the particular accident.
Sam’s case also illustrates why the seriousness of an injury may not be apparent immediately after a crash. Although he was initially sent home from the emergency room, additional imaging within two days revealed a significant brain injury that required months of treatment and rehabilitation.
Injured in a Loudoun County Rear-End Collision?
If you’ve been seriously injured in a rear-end accident, don’t assume the other driver’s insurance policy tells you how much your claim is worth.
Depending on the circumstances, additional insurance coverage may be available through your own policy. A thorough investigation can also determine whether another insurance policy or other source of compensation exists.
BenGlassLaw helps injured Virginians investigate insurance coverage, document serious injuries, and pursue the compensation available after a car accident. Contact us today to learn how we can help you.
Every personal injury case is different. The outcome described here depended on the specific injuries, insurance, and other facts involved. This result does not guarantee or predict a similar result in any future case.