Legal Question in Personal Injury in Virginia

At fault liability excess insurance

My 17 year old daughter was involved in an accident at which she was ticketed,''reckless.'' The accident occured when she was looking in her rear view mirror and a traffic light changed from green to red. She entered the intersection on the red and then struck another vehicle and both people had to go to a hospital. My insurance adjuster tells me they know the cost of medical bills will be greater than the limits of coverage. It appears my daughter is 100 percent at fault. My wife owned the vehicle. Can my wife and I be held liable? Should we seek to get the reckless charge reduced? If the injured party has insurance for under insured can they seek damages for what thier and our insurance covers? Would the damages be limited to costs and damages not covered by either parties insurance? I understand that in the event this proceeds to court our insurance company will pay for a attorney to defend us. I get the feeling from talking with my insurance adjuster that there is a limit or some boundary she is unwilling to tell me about. She would only say that a family memeber of the injured party told them of their intent to contact a lawyer and pursue this through the legal system. Any advice you can give me would be appreciated


Asked on 11/29/06, 12:48 pm

1 Answer from Attorneys
Wilfred Yeargan Yeargan Law Office

Re: At fault liability excess insurance

First, on the criminal charge of Reckless Driving, you need to be aware that it is a Class One Misdemeanor. There is a maximum penalty of up to 12 months in jail, and/or a fine of up to $2,500.00. The court can also suspend her license to drive for up to six months. It is imperative that she not plead guilty to the charge. A plea of guilty can be used in a subsequent civil proceeding for negligence. Contact me if you would like full advice on how to handle that case.

Second, you may be liable under a theory of negligent supervision for any judgment in excess of the policy limits. Underinsured coverage may help, but I would need to look at the policies to advise you fully. Many times a case of this type will settle for the full policy limits. What are your limits? If the plaintiff is at fault even a little, contributory negligence would be a complete bar to recovery in Virginia. Contact me to discuss the case further.

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Answered on 11/29/06, 2:04 pm


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