Insurance company agrees to pay victim of vehicular assault

08:14 PM PDT on Wednesday, October 19, 2005

By ERIC WILKINSON / KING 5 News

SHORELINE, Wash. - It looks like justice is on the side of a badly injured car wreck victim whose insurance company refused to pay for her claims.

After intense scrutiny from both news reporters and the Washington State Insurance Commissioner, Farmers Insurance will honor Ethel Adams' policies worth up to $2 million.

She'll suffer chronic pain and need lifelong life medical attention, but at least now it appears it will be paid for

Adams' car was crushed last March when an enraged driver forced his girlfriend's car into oncoming traffic in Shoreline, setting off a chain-reaction pile-up. Adams suffered about 20 broken bones and spent nine days in a coma.

KING

Ethel Adams was in the wrong place at the wrong time.

She may never walk on her own or work again. But Farmer's Insurance refused to pay her $2 million policy.

Adams thought that what insurance was for:

Farmer's contended Adams wasn't covered because the crash was no accident -- that the crazed driver who caused the wreck did so while intentionally committing a crime.

Farmer's initially argued it was "denying coverage" because technically the wreck was no "accident" since the truck driver was intentionally committing a crime.

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Ethel Adam was seriously hurt when her car was crushed in the collision.

“This is an outrageous action against Ethel Adams,” said state insurance commissioner Mike Kreidler, when he heard about the case. This week he demanded farmers agree to pay the policies or get sued, and possibly even be banned from doing business in Washington.

“Ethel Adams did nothing intentional,” Kreidler said. “The person who hit her did not intentionally hit her. It's an accident and they have to pay.”

Seven days after our KING’5 first story, Farmers reversed itself, saying: "We have believed all along that key pieces of evidence, such as the final investigative police report, and a surveillance tape, would support our belief of additional negligence in this matter and would allow us to grant coverage."

Adams simply hopes her story will keep help others.

“If you pay for insurance, you're entitled to insurance coverage,” she said.

She may soon get her wish. The state insurance commissioner is now planning to introduce legislation that would define "accident" in common sense terms.

It is expected to win swift and wide approval.

Kreidler says unfortunately cases like this are not unusual.

The man responsible for Adams' injuries, Michael Testa, pleaded guilty to vehicular assault. He now faces 12 years in prison. Sentencing is scheduled for next month.

If you think your insurance company is taking advantage of you, you can call the state insurance hotline at (800) 562-6900.