Injured motorist blames driver for crash, accuses insurer of delaying settlement

By Robert Hadley | May 3, 2016

FAYETTEVILLE – A Fayette County woman is suing her insurance carrier and the driver of a vehicle that allegedly caused a collision that injured her and totaled her car.

Yvonne McClary filed a lawsuit April 21 in Fayette Circuit Court against Zachary Semple and Garrison Property and Casualty Insurance Co., alleging negligence and violations of the West Virginia Unfair Trade Practices Act.

According to the complaint, McClary’s vehicle was struck by Semple’s car on Aug. 12 at the intersection of Route 19 and Hinkle Road in Fayette County. The suit says that not only was the plaintiff's vehicle declared a total loss, McClary also suffered extensive physical injuries as a result. Although she has contacted her underwriter, Garrison Insurance, and Semple’s insurer, the claim remains unresolved, the suit says

The plaintiff is suing Semple for negligence for allegedly causing the accident. Garrison Insurance is accused of failing to promptly settle the claim

McClary seeks a jury trial and punitive and compensatory damages, plus litigation costs. She is represented by attorney Thomas A. Rist of the Rist Law Office in Fayetteville.

Fayette Circuit Court Case number 16-C-106

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