M. Blake Heath recently settled a claim for his client for policy limits. The case arose after the client was struck by an uninsured motorist as she walked across the street in a marked crosswalk. Just before the crash, the client had been at a bar in Waldo for a birthday party. She left the party around 12:30 a.m. and started to cross Wornall Road at 74 th Terrace. The client had made it halfway across the street when a car struck her.
Unfortunately, the negligent driver did not have any insurance. Because the driver did not have insurance, the client made a claim for uninsured motorist benefits with her insurance company. But the insurance company blamed the client for the crash based on a police report riddled with errors. Relying on the police report, the company alleged the client was drunk, she failed to use a crosswalk, and she failed to look both ways before crossing the street.
The client retained M. Blake Heath after it became apparent the insurance company was not going to be reasonable. Mr. Heath immediately went to work and obtained photographs of the crash scene showing there was a marked crosswalk. He also reminded the insurance company of its duties to its insured, and the negligent driver had the highest duty under Missouri law to protect pedestrians. After submitting a time sensitive demand, the insurance company agreed to pay the policy limits. Not only did it agree to pay the policy limits, but the insurance company agreed that the uninsured motorist coverage could be stacked increasing the clients total recovery.
Past results afford no guarantee of future results and every case is different and must be judged on its own merits.