Attorney Ashley Finds Loophole and Doubles the Settlement!
In this case review, Shane Smith sat down with Ashley Clasen of Shane Smith Law to discuss a client victory where persistence and detailed policy analysis doubled the available recovery for an injured client.
How the Accident Happened
The client was driving straight through traffic when another driver attempted to make a left turn directly in front of her without enough clearance. The turning vehicle struck the passenger side of the client’s car, causing a significant collision.
Fortunately, no one was seated on the passenger side at the time of impact. However, the crash still resulted in serious injuries to the client.
Severe Back Injuries and Ongoing Impact
As a result of the collision, the client suffered severe back injuries. These injuries were not short-term or minor. Even after the initial treatment phase, she continues to deal with the effects of the crash and will require additional care moving forward.
Cases like this are especially challenging when the available insurance coverage is limited, because the client’s medical needs can far exceed the initial policy limits.
The Insurance Problem: State Minimum Coverage
At first glance, the insurance situation appeared very limited. Both drivers carried only the North Carolina state minimum liability coverage of $30,000. The at-fault driver had $30,000 in liability coverage, and the client’s own policy carried only the required uninsured motorist coverage.
Because both policies were equal, the uninsured motorist coverage could not be accessed. On paper, it appeared there was only a single $30,000 policy available for a client with serious, ongoing injuries.
Digging Deeper Into the Policy Details
Rather than accepting that limitation, Ashley Clasen spent months investigating whether any additional insurance coverage could be found. One critical detail stood out: the driver who caused the crash was not the owner of the vehicle.
In situations like this, there can sometimes be additional coverage through the driver’s own insurance policy. These scenarios are rare, but when they exist, they can make a substantial difference.
Ashley pushed the insurance company to conduct deeper searches and requested an affidavit stating that no other insurance policies existed. That request changed everything.
Finding the Loophole That Doubled the Recovery
Once the insurance company was required to formally swear that no additional coverage existed, a second policy suddenly came to light. The driver of the vehicle had their own insurance policy that could be accessed under the circumstances of the crash.
That discovery doubled the available recovery from $30,000 to $60,000.
For the client, this was a major turning point. With serious back injuries, lost income, and future treatment needs, the additional coverage made a meaningful difference in her ability to move forward.
Full Recovery of Both Policies
Ashley successfully secured the full limits of both insurance policies, recovering the entire $60,000 available. The additional funds helped address what the client had already lost and provided support for the ongoing medical care she will need.
This result was only possible because the case was not treated as “done” once the first policy was identified.
Key Takeaway From This Case
Insurance companies are not always forthcoming about all available coverage. When a vehicle owner and driver are different people, it is critical to investigate every possible policy and require clear answers in writing.
As this case shows, asking the right questions and insisting on documentation can uncover coverage that initially appears unavailable.
Final Thoughts
This client victory highlights the importance of persistence and detailed insurance analysis in serious injury cases. When the stakes are high and coverage seems limited, extra work can lead to significantly better outcomes for injured clients.
If you want to learn more about your options after a car accident, you can request a free copy of The Victim’s Survival Guide to Car Accidents.
If you are in pain, call Shane at 980-999-9999 to speak with the team at Shane Smith Law
