West Virginia Record

Monday, December 16, 2019

Underinsured motorist blames insurance carrier, another driver for difficulties

By Philip Gonzales | Apr 12, 2017

Car accident 44

MARLINTON — A Randolph County motorist is suing an insurance carrier and another driver, alleging beach of insurance contract.

David A. Collett of Elkins filed a complaint March 21 in Pocahontas Circuit Court against Erie Insurance Company and Jordan C. Fleming, alleging Fleming negligently lost control of his vehicle and collided with the plaintiff head-on.

According to the complaint, on March 27, 2015, Collett was injured due to an accident caused by Fleming in Pocahontas County. The suit says Collett has suffered loss of income, pain and suffering and medical expenses of $342,705.02. 

The lawsuit states Fleming's automobile liability carrier provided its policy limits but were not sufficient to make Collett whole. The plaintiff alleges Fleming failed to operate his vehicle in a safe and prudent manner.

Collett seeks trial by jury, judgment for the underinsured benefits in an amount to be proven at trial, plus interest, attorney fees and court costs and all other just and proper relief. He is represented by attorney William T. Nestor of Elkins.

Pocahontas Circuit Court Case number 17-c-09

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Pocahontas Circuit Court