After Insurance Denial, Family Receives $200,000 For Fatal Motorcycle Wreck

Spartanburg, South Carolina- A local family overcame an insurance coverage denial in a wrongful death case, obtaining all possible insurance coverage for a fatal wreck in Spartanburg County caused by a driver with no insurance. The case ended after hard-fought negotiations with the victim’s insurance company.

The At Fault Driver Pulled Out In Front Of The Victim

On March 16, 2024 around 4:43 PM, the victim rode his motorcycle down US 176 near Inman. The at fault driver pulled out of a gas station parking lot, attempting to turn left without looking to see the victim approaching. The victim slammed into the passenger side of defendant’s car.

Officer body worn camera from the on-scene investigation included interviews with two witnesses. One  described the at fault driver as taking off without looking first. Another confirmed the victim drove lawfully. A witness pointed out impact caused the victim to do ‘about four flips.’

The Victim’s Injury And Death.

The victim, a 50 year old divorced father of four adult children who just started a new job as a machine operator, suffered a brain bleed. He got admitted to ICU on a ventilator. A brain surgeon performed an emergency decompressive craniotomy, removing part of his skull to relieve immense brain pressure from the bleeding. Sadly, it couldn’t save him.

When he failed to improve after 6 days in ICU, his children made the agonizing decision to withdraw life support.

How We Helped The Family Get Compensated By Their Father’s Insurance Company.

The family sought advice from a local attorney, who referred the case to us.

“No matter how tragic a motorcycle crash is, they can be tricky cases to win due to anti-motorcycle bias. I knew I had to build an airtight case. I got the most critical evidence, the police investigation file, which contained the body worn cameras with those eyewitness interviews proving the crash was all the at fault driver’s fault,” said Rob Usry of Holland & Usry.

Explaining the source of the settlement, Rob said, “The at fault driver’s lack of insurance forced us to seek recovery from the victims uninsured coverage.” Rob secured a settlement from the uninsured coverage on the motorcycle for the injury limits. Rob also got the limits for the property damage coverage, despite the
fact the motorcycle was worth less than the property damage limit.

Luckily, the victim had more vehicles, so Rob pursued a legal strategy called stacking to get that coverage, too. That’s when things took a strange, unexpected turn.

A Shocking Insurance Coverage Denial

The victim’s other vehicles were insured with a different company. In a stunning move, that insurance company denied coverage, claiming it owed nothing because the motorcycle was insured by a different company.

“My response to that was basically, no problem. I sent the insurance adjuster an e-mail with a South  Carolina Supreme Court case attached, explaining how the ruling allows victims to stack coverage regardless of which company insured the involved vehicle.” Soon after, that insurance company reversed course, offering all its injury and property damage coverage for all vehicles it insured.

Better yet for future victims, the adjuster told Rob from here out, their insurance policies would be rewritten to reflect this.

The Settlement Amount

Due to the complexity of all the coverages, it’s easier to list where the money came from and how much the
family obtained.
1. Involved Motorcycle:
A. Injury limits $25,000.00
B. Property damage $25,000.00
C. Total $50,000.00
2. Other vehicles –
A. Injury limits- 3 vehicles with $25,000 limits = $75,000.00
B. Property damage- 3 vehicles with $25,000 limits = $75,000.00
C. Total $150,000.00
3. Total Amount $200,000.00

One Last Obstacle To Hurdle- Massive Hospital Bills.

Unfortunately, the victim had no health insurance. His hospital bill was over $196,000, which could eat up the entire settlement. Rob contacted the hospital’s lawyer and negotiated a repayment of $10,000.

After those legal skirmishes, going to a court hearing to earn the judge’s approval of the settlement was easy. Rob prepared the children to give evidence of their emotional harm and loss for the hearing, made sure all settlement documents were in order to protect their rights, and secured a court order approving the settlement so the family could get a financial recovery to help them move on.

Never Give Up, Even When You’re Devastated

This case reveals victims shouldn’t back down easily from insurance company denials. With an experienced wrongful death lawyer who knows the law and how to present it to hard-nosed insurance companies, grieving families can defend their rights and seek proper compensation.

Citing the wisdom of the victim before the tragic crash, Rob says “This case also shows how you can’t have enough uninsured coverage to protect yourself against irresponsible people who can wreak havoc in your life. Check your insurance policy and get all the coverage you can afford!” 

Past outcomes don’t guarantee future results. Every case is different, and all cases depend on unique facts and laws.