Legal Question in Personal Injury in Virginia

On going pedestrian vs car (2009). Interrogatories and depositions are answered, attorneys for both sides and a court reporter. Q The limits of all insurance policies defendant, attorney and ins co. swear only a $300,000 policy wanted to go to court high low 100K-300K. Try mediation 1st oops he really has a 1 Mill umbrella policy,sorry.

Is there any recourse for this mistake? All these doc's signed and seared too under oath.

Asked on 1/22/14, 9:30 am

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Did you agree to the high/low based on this representation? If so, you should be able to get out of it if you want to. If you did not take (or refrain from taking) any actions as a result of the misrepresentation, you were not harmed, and the court will probably not sanction them unless you can show that it was knowing and willful.

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Answered on 1/22/14, 9:54 am
Gary Mims Sickels, Frei & Mims

I agree with the previous answer. If you want to get out of the high/low agreement you should be able to do so based upon a mutual mistake of fact. Unfortunately, this is not uncommon.

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Answered on 1/23/14, 6:35 am

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