Valencia Swift was traveling in the third lane from the right on Interstate 285 northbound near Chamblee Tucker Road and Buford Highway when an unknown driver swerved and struck a 2005 Buick LaCrosse. The Buick struck Ms. Swift’s car, which rolled over three to four times before coming to rest in a guard rail.
Ms. Swift, who was 60-years-old at the time of the wreck was hospitalized for four days with a concussion and two broken ribs. She suffered post-concussion syndrome for several weeks, walked with a walker, and lost memory capacity and focus.
Unfortunately, the at-fault driver was never identified. Therefore, Ms. Swift’s attorney, Lloyd Hoffspiegel, filed a claim under her uninsured motorist coverage with GEICO seeking the policy limits of $100,000. GEICO responded with a counter offer of only $70,000 to settle Ms. Swift’s claim, which she declined.
Two weeks before trial, GEICO increased their offer to $100,000, but Hoffspiegel again declined as he was confident a jury would return a verdict in excess of the policy limit and the bad faith claim could be brought.
“It was a calculated risk on our part, but we thought we had a strong case with good witnesses,” Hoffspiegel said.
The case proceeded to trial and a DeKalb County jury entered a verdict against GEICO for $124,000 ($85,000 for Swift’s pain and suffering and $39,000 for her expenses).
The Oct. 16 verdict was reduced to plaintiff Valencia Swift’s $100,000 policy limit, but she will have the option to pursue a bad faith claim worth 25 percent of the judgment-$25,000-plus her attorney fees because GEICO failed to settle, Hoffspiegel said.