Woman seeks insurance payout for two wrecks in two months

Kelly Holleran Feb. 2, 2011, 6:54am

A woman has filed suit against her insurance company and a driver, alleging they owe her money for damages she incurred during two separate collisions which occurred within two months of each other.

D'Ann Riggs claims she was involved in the first collision on April 23, 2009, as she was driving in Jefferson County. The driver involved in that collision had liability coverage, and his/her insurance company paid Riggs benefits up to its maximum policy limits.

However, Riggs claims her insurance company � defendant State Farm Insurance Co. � still owes her money for benefits she should have been rewarded under her uninsured motorist policy.

Due to the first collision, Riggs' vehicle was deemed a total loss, so she purchased another vehicle worth about $30,000, according to the complaint filed Jan. 26 in Jefferson County District Court.

On June 18, 2009, Riggs was driving her new vehicle west on a thoroughfare in the parking lot of the San Jacinto Mall in Baytown when defendant driver Sade Kirkwood Ridgell pulled out of a private drive and caused the second collision, the complaint says.

Because of the accidents, Riggs incurred medical costs, experienced physical pain, suffering and physical impairment, lost her earnings and suffered mental anguish, the suit states. She also claims she incurred repair costs of $17,000 during the second collision. A fair market value adjustment would reduce the damages to $10,000, according to the complaint.

Riggs blames Ridgell for causing the second collision, saying she negligently failed to maintain a proper lookout, failed to timely apply her brakes and failed to take proper evasive action.

In her complaint, Riggs is seeking a judgment within the jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief the court deems just.

Travis McCall of McCall and McCall in Beaumont will be representing her.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B189-254

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