Legal Question in Personal Injury in Virginia

Re: Automobile Accident Settlement

You need to look at her policy. The obligation of the other driver's insurer is to pay up to the policy limit on that policy, which they have told you is $50K. Once they tender the full amount there, you can look to your mother in law's own underinsured motorist (UIM)policy. If that limit is the same or lower, that policy does not owe anything. If it is higher, then there is coverage. Assuming the medical bills are legitimate and there is no question of liability for the accident or of causation of the medical condition, it would seem that $50,000 is a low settlement, but only if there is coverage above that. However, each case has to be evaluated on its own merits. One other thing you should look at is whether the other driver has assets you could go after - if there is not enough insurance, you are free to go after a judgment over the limits and try to collect. Was the other vehicle being driven on business? There may be a business policy (or the assets of a business) to go after. Make sure you get a lawyer to look at the whole situation, but don't just agree to a contingent fee with the lawyer up front - if $50K is all there is, and they've already offered it, the injured party should get it, but it would be worth paying a lawyer a few hundred bucks on an hourly basis to analyze the policies and the other potential avenues of recourse.

Re: Automobile Accident Settlement

You need to verify that this is extent of driver's limits. You need to have someone verify your mother in law's coverage as well as the limits of any family member who was living with your mother at the time of the accident.