- July 24, 2007, pedestrian struck by vehicle on the corner of 1st Ave and Yesler Way in Seattle
- Pedestrian sustained a multitude of injuries
Washington law provides that the drivers on the road have the duty to exercise ordinary care and avoid causing a collision. See RCW 46.61.445 and Washington Pattern Jury Instruction (WPI) 70.01.
M.T. settled her claim with the insurance carrier for the at-fault motorist for policy limits of $50,000. USAA declined to purchase a Hamilton buy-out to preserve its subrogation rights against the responsible driver. M.T. has underinsured motorist (UIM) coverage with USAA in the amount of $1,000,000. USAA is entitled to a credit equal to the policy limits held by the other driver, or in this case a credit of $50,000 towards M.T.'s claim.