sharminlaw

Damages and Recovering UM Benefits in Your Palm Beach County Auto Accident Case

To recover UM benefits, to must show damages as opposed to UM coveage exceeding liability coverage.  The Supreme Court of Florida in Traveler's Insurance Company v. Warren, upheld a lower court's decision when the court did not permit the estate of a passenger killed as a result of a host driver's negligence to recover liability and UM coverage under the same policy insuring the vehicle operated by the negligent host driver if the negligent host driver's policy excluded the vehicle insured under the policy from the definition of "uninsured motor vehicle."

If you are a passenger in a West Palm Beach car accident and the driver of the other car is uninsured you may have more money available to you than you think.  You may be able to recover from the negligent host driver's policy and UM coverage from the same policy with respect to the claim agaisnt the other negligent driver, uninsured driver.  Also, if you are injured in a hit and run accident or a phantom vehicle as they are sometimes called, most say that these are UM vehicles so long as the injured insured gives the police notice within a specified time, usually 24 hours. Failure to give the police notice will create a presumption of prejudice to the insurance company which can be overcome if you can prove there was no actual prejudice.