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Cars collide on interstate, causing plaintiff’s compression fracture — $125,000 settlement

Virginia Lawyers Weekly//May 27, 2022//

Cars collide on interstate, causing plaintiff’s compression fracture — $125,000 settlement

Virginia Lawyers Weekly//May 27, 2022//

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Type of action: Personal injury, motor vehicle collision

Injuries alleged: L1 compression fracture

Date resolved: 2/4/2022

Special damages: $56,017.01

Verdict or : Settlement

Amount: $125,000

Attorneys for plaintiff (and city): Rakin R. Hamad, Alexandria

Description of case: Plaintiff was a 57-year-old female passenger in a vehicle that was traveling southbound on Interstate 95. That portion of Interstate 95 had four lanes and plaintiff’s vehicle was in the lane furthest to the left. At that time, the defendant was also traveling southbound on Interstate 95 in the lane to the right of the plaintiff and attempted to change lanes into the furthest left lane, causing his vehicle to crash into plaintiff’s vehicle. The force of the impact from the defendant’s vehicle rode plaintiff’s vehicle into the jersey wall. After impact with the jersey wall, plaintiff’s vehicle then traveled across all four southbound lanes of Interstate 95 and crashed into the guardrail on the right shoulder. Plaintiff was transported to the hospital from the scene of the collision and was diagnosed with a superior endplate compression fracture of L1.

The defendant’s carrier tendered their policy limits of $50,000 shortly after the plaintiff’s treatment concluded and the plaintiff executed a 2206 release. The UIM carriers for the host vehicle and the plaintiff’s personal policy were both put on notice. The host vehicle had minimal limits and the plaintiff’s personal policy had limits of $100,000. Pursuant to Virginia Code § 38.2-2206 (B), the carrier for plaintiff’s personal policy tendered their limits of $75,000 after the credit of the tortfeasor’s tender was applied. In total, the case settled for $125,000 which represented the maximum coverage available to the plaintiff.

Rakin R. Hamad, counsel for the plaintiff, provided case information.

[022-T-033]

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