On August 28, 2010, L. Tochilnikov suffered multiple life threatening injuries
when he was hit as a pedestrian in a crosswalk while pushing his one-year-old
daughter in a stroller. The 88-year-old adverse driver acknowledged to
the police that she had seen L. pushing a stroller on the sidewalk before
he entered the crosswalk, and she subsequently admitted to hitting them
as they proceeded to cross the street.
While L.’s daughter escaped relatively unharmed, L. suffered severe
injuries, including a skull fracture with a subarachnoid hemorrhage, as
well as injuries to the entire left side of his body, including damage
to his neck, shoulder, elbow, hip, knee, ankle and foot. He was employed
by Oracle at the time and missed months of work. His wife, V., also brought
a loss of consortium claim.
Once it became known that there was only a $100,000.00, policy available
to cover L.’s damages, WHKB endeavored to discover whether the adverse
driver had assets that might cover an excess judgment. WHKB also notified
L.’s personal automobile liability insurance carrier of the third
party lawsuit and potential for an underinsured motorist claim. Once the
third party liability claim settled for the $100,000.00 that was available,
WHK turned its attention to L.’s first party underinsured motorist
claim. WHK successfully demanded and received the $150,000.00 that remained
of L. and V.’s policy short of arbitration.