Who Has the Right To Recover PIP Benefits After a Palm Beach County Car Accident?

PIP Benefits and Mental and Physical Examinations After Your Delray Beach Car Accident

Who Can You Sue if the Other Driver is Uninsured or Underinsured?

If you are injured in a West Palm Beach car accident and the other driver is uninsured/underinsured, you may have a claim against the UM carrier (Uninsured Motorist Coverage).  This is coverage the Plam Beach County accident victim has through his/her own insurance carrier.  There is a 5 year statute of limitations on suing a UM carrier versus a 4 year statute of limitations on suing the other driver or tortfeasor.

UM coverage acts like a replacement insurer for underinsured motorists.  This is why you need to be particularly careful when choosing UM coverage.  GET PLENTY OF IT!  The other guy is only required to have $10,000 in personal injury protection coverage or PIP.  Florida statute allows the UM carrier who has paid the amount offered by the tortfeasor upon final resolution of the UM claim to seek subrogation against the underinsured motorist for the amounts paid.

First Party Bad Faith and Your Palm Beach County Accident Case

  If you want to send an insurance company running for cover, just mention two words: bad faith.  What is bad faith?  Bad faith arises when an insurance company wrongfully denies insurance benefits.  This usually occurs in two instances: first party and third party bad faith.

First party bad faith arises when the Palm Beach County car accident attorney writes a letter to the insurance company of his/her own insured asking to pay benefits.  The insurance company then lies, withholds critical information, fails to reasonably investigate the claim, fails to promptly gather information from their insured to assess the claim, basically “Saying no without saying why.”  The insurance company then refuses to pay and the  West Palm Beach accident attorney files a civil remedies notice.  The insurance company still refuses pay.  Sixty days pass and the Palm Beach County accident victim files suit against his own insurance company and gets a verdict for X.  The insurance company has to pay X even if it exceeds the policy limits.