Cralle v. Progressive Casualty Insurance

By Judge Joseph E. Spruill, Jr.

After the plaintiff recovered a judgment against an unknown motorist, the defendant insurers initiated this Declaratory Judgment action and now move for Summary Judgment arguing that the plaintiff in a no-contact accident claim against John Doe failed to give prompt notice to the insurers as required by statute.

Virginia Code § 38.2-2206(D) provides that if the owner or operator of a motor vehicle that causes bodily injury or property damage to an insured is unknown and if the damage or injury results from an accident where there has been no contact, for the…