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Car Accidents
We frequently post blogs on information relating to Florida accident cases. Visit this page often to read blogs on such topics as car accident, truck accident, bicycle accident, motorcycle accident and bus accident cases in Palm Beach County and throughout Florida.
If a plaintiff is found to be at fault, any defendant found to be 10% or less at fault will not be subject to joint and several liability. If the plaintiff is not at fault, then defendant not subject to joint and several liability.
If the plaintiff is at fault, and the defendant is more than 10% but less than 25%, then joint and several liability does not apply to economic damages exceeding $200,000. If the plaintiff is not at fault then the cap is $500,000.
If the plaintiff is at fault and the defendant is at least 25% at fault but less than 50%, joint and several liability does not apply to any portion of economic damages in excess of $500,000. If the plaintiff is not at fault, then the cap is 1 million.
If the plaintiff is at fault and the defendant is more than 50% at fault, joint and several liability does not apply to any portion in excess of 1 million and if the plaintiff is not at fault, the cap is 2 million.
All if this can be difficult to sort out. Consult a Palm Beach County accident attorney is you have been injured in a car accident caused by 2 or more people.
It is important that you wear your seat belt to avoid serious injury or death and a potential reduction of your damage award. If you have been in a Palm Beach County car accident and were not wearing a seat belt, make sure to discuss this with your West Palm Beach auto accident attorney so that he/she may protect you from a possible reduction of your damages award.
Contacting a knowledgeable Palm Beach County accident attorney before talking to your own insurance company will help you deal with the insurance company. Insurance companies and adjusters know when you don't have an attorney and this puts you at risk for a low settlement amount. An award of fees is only available to the contracting insured, insured's estate, and parties assigned the rights of coverage.
So what if you are in a Palm Beach County car accident with a leased vehicle and the lessee let htier insurance lapse? The lessor will probably be liable under the dangerous instrumentality doctrine for damages caused by the lessee. It is important to look at the terms of the lease agreement to determine potential liability. Call an experience West Palm Beach auto accident attorney who had expertise in reading lease agreement and insurance policies to determine your best course of action.
This provisions is aimed at preventing a family that owns 2 or more vehicles that may be used interchangeably from insuring only one vehicle on an individual family member. When trying to decide if a vehicle will be covered under the non-ownership provision, the insurance company will look at how substantial was the use of the non-owned vehicle. If you are unsure about whether you will be covered after a West Palm Beach car accident, call a skilled Palm Beach County personal injury/auto accident attorney to help you determine your rights and potential coverage for your accident.
The household exclusion is the most highly litigated. This exclusion denies coverage when the injured is a member of the the insured's family or the insured. For example, a daughter was injured when a family friend negligently drove the insured vehicle with the insured's permission. The daughter was denied coverage. When dealing with the household exclusion after a Palm Beach County car accident, look closely at how long the claimant has lived at the insured's house. Look at factors such as mailing address, sleeping place, meals, laundry, etc. as these may be relevant. Your best bet is to consult with a Palm Beach County accident attorney with experience in auto insurance covearge exclusions and auto insurance litigation.
If a vehicle is being used by employees of a repair shop and the employee is involved in a Palm Beach County car accident causing injuries, the owner of the shop will not be liable to the injured party. If you give your car to the valet at a restauarant and they get into an accident, you will probably not be liable.
Automobile business coverage will normally not apply to people in the class of named insured and agents of these people. Automobile business usually includes sales, leasing, repair, servicing, and parking operations. The automobile business exclusion is sually applied when a vehicle is left at a garage for repairs and the employee or someone helping the employee is injured. This is known as the "shop rule." However, if aperson authorizes another to transport their car for service, Florida courts have found the owner remains liable until it reaches the shop.
Florida Statute 316.1975 states: "A person driving or in charge of a any motor vehicle may not permit it to stand unattended without first stopping the engine, locking the ignition and removing the key." There are exceptions for emergency vehicles and licensed delivery vehicles.
In Vining v. Avis Rent-A-CAr Systems, Inc., 354 So 2d 54 (Fla. 1978), a car was left running with the doors open and keys in the ignition in a high theft area. The car was stolen and involved in an accident and the owner was found liable. Even intervening criminal activity will not automatically release you from liability. If you have been invloved in a Palm Beach County car accident with the driver of a stolen vehicle, the owner of the vehicle may be liable if they breached a duty not to leave their keys in the car.
Sometimes the keys don't have to be in the car for the owner to be liable when injury results from the theft of the car. If you leave your car parked but the keys are in the glove compartment and the car is stolen, you could still be liable. Schwartz v. American Home Insurance Co., 360 So 2d 383 (Fla. 1978). The amount if time that passes between the car being stolen and the accident is important as well. Contact an experienced Palm Beach County car crash attorney if you have been invloved in a Palm Beach County car accident with the driver of a stolen vehicle. You may be able to recover from the owner.
The allegations in the initial complaint are what determine the insurer's duty. If a complaint is amended to exclude acts covered by the policy, then the insurer no longer has a duty to defend. If you are being sued for causing a West Palm Beach car accident, it is probably best to obtain your own separate attorney because the insurance company has incentive to show they should not have to defend you and you want to avoid a conflict so that you get the best possible result.
If an insurer fails to defend you when the allegations are within the policy coverage, you may be able to bring a breach of contract claim against them. You may also settle with the injured for a reasonable amount and if the insurer's disclaimer is unreasonable they may be liable for the settlement amount if it is reasonable. If you are being sued for causing a Palm Beach County accident, contact an experienced Lake Worth car accident attorney to discuss your insurance coverae and protect your rights!
It is important that you contact an experienced Palm Beach County car accident attorney if you have been in an accident with a rental car. Understanding the nuances of the law as it related to car accidents and insurance laibility is best left to a professional who has knowledge in how these cases work and understands the dynamis at play with the insurance company. Don't let the rental car agency get away with not being liable if you suspect they may be.
If a lessor leases a vehicle covered by its policy and the lessor shifts the burden of primary coverage to the lessee who only has excess coverage, if an accident occurs, the lessee's insurance company cannot be forced to assume the role of the primary insurer if the lesses has no primary coverage.
Under Florida statute, an injured person must send written notice of a proposed settlement with the UM motorist by certified or registered mail. If the insurer authorizes the settlement or fails to respond within 30 days, the injured may execute a release and finalize settlement with the tortfeasor without jeapordizing their UM claim.
If a UM carrier refuses to settle with a tortfeasor, the UM carrier must pay the injured insured, within 30 days, the amount of the written offer from the 3rd party tortfeasor's liability carrier to preserve their right to subrogate against the tortfeasor.
An example where the presumption was overcome is where an injured insured settled with a 99 year old nursing home resident who had no assets or earning potential. An example where the presumption was not overcome was where an injured insured settled with at college student with a part-time job, bank accounts and savings bonds. If you have been in a West Palm Beach auto accident with an unisured motorist, speak with an attorney immediately before speaking with anyone else so that you insure your rights. An experienced Palm Beach County personal injury/car crash attorney can help you understand all of the possible sources of recovery and how those claims must be handled.
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.
1) the insured must have been injured by an uninsured motor vehicle
2) the insured is legally entitled to recover from the operator of the UM vehicle
Essentially, you must show that the uinsured/underinsured motorist is at fault and you suffered an injury. Don't attempt to settle with an at-fault driver's insurance compan before contacting and exeperienced West Palm Beach accident attorney because some underinsured policies do not require the insurance company to pay when the injured has settled with the other driver's insurance company. Avoid this costly mistake and get an attorney as soon as possible after you have been involved in a Palm Beach County car accident.
1) UM motorist intentionally drove truck into insured
2) Insured injured while escaping from 2 bulls that crashed through insured's fence after they spilled from and overturned UM vehicle
3) passenger riding in an insured vehicle injured when struck by a tree limb that crashed through her windshield after an lawn worker attempted to thwon it into an uninsured truck
Recovery was not allowed in the following cases:
4) persons injured during altercation or attack
5) sheriff's department DUI specialist attacked in police vehicle by intoxicated uninsured motorist who was arrested following an accident
6) insured injured when a bomb placed under his car exploded
As you can see, there is no bright line test. When you have been injured by an uninsured motorist, you need the advice and expertise of West Palm Beach auto accident attorney to navigate your through the applicable tests, standards, laws and procedures to insure maximum recovery.
For an insurer to legally be able to exclude UM coverage for injuries sustained by Class I insured while occupying any vehicle owned by such insured for which UM coverage not purchased, the insurer must notify the insured of the coverage limitation in writing on an approved form by the Office of Insurance Regulation and reduces the premium for UM coverage by at least 20%. Any UM policy which provides less than that required by Florida Statute is void as contrary to public policy. Be sure to hir an experienced Palm Beach County car accident attorney to fight the insurance companies and insure you receive the UM benefits you deserve.
Exclusion of UM coverage or higher limits does not apply when there has been a gap between expiration of one policy and issuance of the next policy. The subsequently issued policy does not replace an existing policy and an insurer cannot rely onthe previous rejection of the prior policy if there is a gap between expiration of one and the issuance of the next.
An insurer is required to notify the named insurer at least annually of the UM options available under the statute and failure to do so means that the insured is entitled to limits of UM coverage requal to the limits of bodily injury protection limits. If you've been involved in a Palm Beach County car accident, make sure to find an experienced West Palm Beach accident attorney who understands the importance of UM coverage and benefits to make sure you get the compensation you deserve.
Car Accidents
What Happens When Your Treating Health Care Provider Aggravates Your Injury?
Sometimes your treating health care provider may cause aggravation the injury you already sustained in your Palm Beach County car accident. However, the initial tortfeasor (the person who first caused your injury), is still liable for those injuries. The initial tortfeasor can't file a 3rd party claim agaisnt the health care provider for indemnity but they can file an action for subrogation against the doctor who aggravated the injury. The defendant must properly plead non-party negligence as an affirmative defense. Joint and several liability cannot be applied in a situation such as this. In one case, the court determined that when the plaintiff sues the first of two successive tortfeasors and establishes liability but the jury can't apportion between the two, the initial tortfeaso is liable for the whole injury. Some accident cases may become more difficult if there has been aggravtion to an injury caused by a treating doctor. Call an experienced Palm Beach County car crash attorney to insure your rights and legal interest are protected and that you receive the compensation you are entitled to.Getting Paid in a Palm Beach County Car Accident Caused by Two People
In Florida, there is a legal doctrine known as joint and several liability which allows a plaintiff to bring an action against any wrongful party when 2 or more parties are to blame and the wrongful parties have to figure out whos is responsible for what percentage. This applies in cases where the total damages exceeds $25,000. Florida law has set a cap on damages and fault thresholds depending on how the jury assignes fault in an Palm Beach County car accident.If a plaintiff is found to be at fault, any defendant found to be 10% or less at fault will not be subject to joint and several liability. If the plaintiff is not at fault, then defendant not subject to joint and several liability.
If the plaintiff is at fault, and the defendant is more than 10% but less than 25%, then joint and several liability does not apply to economic damages exceeding $200,000. If the plaintiff is not at fault then the cap is $500,000.
If the plaintiff is at fault and the defendant is at least 25% at fault but less than 50%, joint and several liability does not apply to any portion of economic damages in excess of $500,000. If the plaintiff is not at fault, then the cap is 1 million.
If the plaintiff is at fault and the defendant is more than 50% at fault, joint and several liability does not apply to any portion in excess of 1 million and if the plaintiff is not at fault, the cap is 2 million.
All if this can be difficult to sort out. Consult a Palm Beach County accident attorney is you have been injured in a car accident caused by 2 or more people.
Failure to Wear a Seat Belt and Your Palm Beach County Car Accident
Florida law requires you to wear a seat belt. All front seat passengers must wear a seat belt and all minor children between the ages of 6-17. Certain restraints must be used for children 5 and under and children 3 and under must ride in a separate carrier with an integrated seat belt. When you meet with your Palm Beach County car accident attorney, you should know whether your seat belt is fully operational. A defendant may raise your failure to wear a seat belt as an affirmative defense and argue that you should be held comparatively negligent for the accident. If the defendant proves you had a seat belt available, then you must prove it was not operational to avoid it affecting your damages award. In determining whether you are comparatively negligent, the Court will will first determine the percentage of fault attributable to the defendant for causing the accident and then reduce it by percentage of the plaintiff's damages caused by not wearing a seat belt.It is important that you wear your seat belt to avoid serious injury or death and a potential reduction of your damage award. If you have been in a Palm Beach County car accident and were not wearing a seat belt, make sure to discuss this with your West Palm Beach auto accident attorney so that he/she may protect you from a possible reduction of your damages award.
Attorney's Fees and the Failure of the Insurance Company to Settle a Valid Claim in a Palm Beach County Car Accident
Florida law allows for attorney's fees to be awarded to an insured on a judgment against an insurer in favor of the insured ( you sue your own insurance company). This is to prevent insurance companies from contesting valid claims and to reimburse insureds who had to personally defend or sue their own insurance company to enforce the contract in a Palm Beach County car accident.Contacting a knowledgeable Palm Beach County accident attorney before talking to your own insurance company will help you deal with the insurance company. Insurance companies and adjusters know when you don't have an attorney and this puts you at risk for a low settlement amount. An award of fees is only available to the contracting insured, insured's estate, and parties assigned the rights of coverage.
Palm Beach County Car Accident with a Leased Car
Long-term lease agreements are those lasting more than one year. The lessor of a vehicle with a long-term lease has greater protection under the dangerous instrumentality doctrine. The lessor is not considered the owner so long as certain requirement are met: (1) the lessor required the lessee buy adequate coverage; (2) the lessee bought and maintained coverage; (3) if the lease requiers the lessor to have minimum coverage and the lessee maintains it, the lessor is relieved of liability. General requirements under Florida law are $100K per person and $300K per incident for bodily injury protection and $50K property damage liability or not less than $500K combined bodily injury and property damage liability.So what if you are in a Palm Beach County car accident with a leased vehicle and the lessee let htier insurance lapse? The lessor will probably be liable under the dangerous instrumentality doctrine for damages caused by the lessee. It is important to look at the terms of the lease agreement to determine potential liability. Call an experience West Palm Beach auto accident attorney who had expertise in reading lease agreement and insurance policies to determine your best course of action.
Stacking Bodily Injury Coverage in a Palm Beach County Car Accident
Normally, this issue will only arise if you have at least 2 vehicles insured. Stacking of liability coverage is prohibited under Florida law. The policyholder is limited to the amount available to either vehicle. Stacking is available when written to different named insureds. Don't confuse stacking of bodily injury coverage with stacking of UM coverage. The Florida Supreme Court decided in Florida Farm Bureau Casualty Co. v. Hurtado, 587 So 2d 1314 (Fla. 1991) that Class I insureds (named insured, names insured's spouse, and resident relatives) may stack UM coverage but not Class II insured (permitted users and occupants of insured vehicle. If you have been in a West Palm Beach car accident, seek the advice of a competent, knowledgeable car accident attorney who will expain your rights, coverage, and entitlements.What is A Non-Ownership/ "Drive Other Cars" Provision in Your Auto Insurance Policy?
If the insured's policy contains such a provision, then the insurance coverage will apply only if the insured is driving a vehicle in which heshe has no legal/equitable interest and drives the car only occasionally. The reason for this provision is to cover vehicles that are occasionally used by the insured without having to pay a disproportionate increase in premiums. If the insured has a vehicle he/she used sometimes that they own but have not declared on the policy, then there will likely be no coverage.This provisions is aimed at preventing a family that owns 2 or more vehicles that may be used interchangeably from insuring only one vehicle on an individual family member. When trying to decide if a vehicle will be covered under the non-ownership provision, the insurance company will look at how substantial was the use of the non-owned vehicle. If you are unsure about whether you will be covered after a West Palm Beach car accident, call a skilled Palm Beach County personal injury/auto accident attorney to help you determine your rights and potential coverage for your accident.
What You Should Know About Typical Exclusions From Your Florida Car Accident Insurance Policy: Part II
The employee exclusion applies when the person making the claim is an employee of the insured except there is an exception for certain domestic employees. Basicall,y if you have auto insurance and your employee gets into a Lake Worth car accident in your car, there may be coverage exclusion. One way to get the insurance company to pay, is to prove the person alleged to be an employee is not an employee but an independent contractor. If you can prover that, there may be coverage.The household exclusion is the most highly litigated. This exclusion denies coverage when the injured is a member of the the insured's family or the insured. For example, a daughter was injured when a family friend negligently drove the insured vehicle with the insured's permission. The daughter was denied coverage. When dealing with the household exclusion after a Palm Beach County car accident, look closely at how long the claimant has lived at the insured's house. Look at factors such as mailing address, sleeping place, meals, laundry, etc. as these may be relevant. Your best bet is to consult with a Palm Beach County accident attorney with experience in auto insurance covearge exclusions and auto insurance litigation.
What You Should Know About Typical Exclusions From Your Florida Car Accident Insurance Policy: Part I
Different policies may have different terms or exclusions. Most exclusions include: vehicle being used in a business; vehicle being used to carry person for a charge; party filing claim is an employee of the insured; person injured and filing claim is either the injured or a member of the insured's family; or the property was under the control of the insured or rented to or transported by the insured.If a vehicle is being used by employees of a repair shop and the employee is involved in a Palm Beach County car accident causing injuries, the owner of the shop will not be liable to the injured party. If you give your car to the valet at a restauarant and they get into an accident, you will probably not be liable.
Automobile business coverage will normally not apply to people in the class of named insured and agents of these people. Automobile business usually includes sales, leasing, repair, servicing, and parking operations. The automobile business exclusion is sually applied when a vehicle is left at a garage for repairs and the employee or someone helping the employee is injured. This is known as the "shop rule." However, if aperson authorizes another to transport their car for service, Florida courts have found the owner remains liable until it reaches the shop.
Who Is Responsible For an Injury When a Car Has Been Stolen or the Owner Left the Keys in the Car?
Florida courts usually let the jury decide whether the owner leaving the keys in the car is actionable. More often than not, when the keys are left in the ignition and the car is stolen, if the vehicle causes injury to another, the owner will be liable.Florida Statute 316.1975 states: "A person driving or in charge of a any motor vehicle may not permit it to stand unattended without first stopping the engine, locking the ignition and removing the key." There are exceptions for emergency vehicles and licensed delivery vehicles.
In Vining v. Avis Rent-A-CAr Systems, Inc., 354 So 2d 54 (Fla. 1978), a car was left running with the doors open and keys in the ignition in a high theft area. The car was stolen and involved in an accident and the owner was found liable. Even intervening criminal activity will not automatically release you from liability. If you have been invloved in a Palm Beach County car accident with the driver of a stolen vehicle, the owner of the vehicle may be liable if they breached a duty not to leave their keys in the car.
Sometimes the keys don't have to be in the car for the owner to be liable when injury results from the theft of the car. If you leave your car parked but the keys are in the glove compartment and the car is stolen, you could still be liable. Schwartz v. American Home Insurance Co., 360 So 2d 383 (Fla. 1978). The amount if time that passes between the car being stolen and the accident is important as well. Contact an experienced Palm Beach County car crash attorney if you have been invloved in a Palm Beach County car accident with the driver of a stolen vehicle. You may be able to recover from the owner.
Who Defends the Tortfeasor When You've Been in a Palm Beach County Auto Accident?
Well, you have to first look at the tortfeasor's (person who is being sued for causing the accident) insurance contract to see if there is a duty to defend the insured. Under Florida law, the insurer is under a duty to defend when the complaint alleges facts that are within the policy coverage. If a policy has language that excludes bodily injury or property damage from coverage if the insured's acts are intentional and the complaint only alleges that the defendant acted intentionally, then the insurer has no duty to defend.The allegations in the initial complaint are what determine the insurer's duty. If a complaint is amended to exclude acts covered by the policy, then the insurer no longer has a duty to defend. If you are being sued for causing a West Palm Beach car accident, it is probably best to obtain your own separate attorney because the insurance company has incentive to show they should not have to defend you and you want to avoid a conflict so that you get the best possible result.
If an insurer fails to defend you when the allegations are within the policy coverage, you may be able to bring a breach of contract claim against them. You may also settle with the injured for a reasonable amount and if the insurer's disclaimer is unreasonable they may be liable for the settlement amount if it is reasonable. If you are being sued for causing a Palm Beach County accident, contact an experienced Lake Worth car accident attorney to discuss your insurance coverae and protect your rights!
Liability for A Minor CHild Involved in A Palm Beach County Car Accident
Generally, a parent is not liable for acts committed by a minor child. However, if a parent executes or signs a driver license application on behalf of a minor child, there is an exception. Anyone under 18 who applies for a driver license must have a parent of guardian sign the application or someone who will assume liability. If the minor child subsequently is involved in a West Palm Beach car accident due to negligently operating a motor vehicle prior to turning 18, the person who signed the application is jointly and severally liable with the minor for the minor's negligence.
This law was intended to only make the parent liable for actual damages and not punitive damages. If the minor child was driving a vehicle insured by the parent, the parent and child will be covered by the policy unless the child did not live with the parent at the time. A parent who signs a driver license application will remain liable for the minor child until he/she is emancipated even if the child does not reside with the parent. If you are the parent or guardian of a minor child who negligently operated a motor vehicle in resulting in a car accident, contact an expereinced West Palm Beach car accident attorney to discuss your liability and inform you about the process. Don't try to negotiate with the insurance company yourself or the other guy's attorney. Protect yourself!
Insurance Coverage When You've Been In a Palm Beach County Accident With a Rental Car
A long-term lease agreement is one that is one year or longer and a short-term lease agreement is one that is less than one year. If you rent a car from a rental car agency, pay attention to the rental contract and understand the provisions regarding primary coverage for the rental car. A lessor (the person leasing the car to you) is required to provide primary liability coverage equal to the minimum required by law which is currently $10,000. If the rental company provides on the face of the agreement in bold 10 point font, clear indication that they have opted to make you responsible for primary coverage, then you will be responsible. However, if they fail to satisfy any of those conditions, then thye will be liable to you if you are involved in a Palm Beach County car accident.It is important that you contact an experienced Palm Beach County car accident attorney if you have been in an accident with a rental car. Understanding the nuances of the law as it related to car accidents and insurance laibility is best left to a professional who has knowledge in how these cases work and understands the dynamis at play with the insurance company. Don't let the rental car agency get away with not being liable if you suspect they may be.
If a lessor leases a vehicle covered by its policy and the lessor shifts the burden of primary coverage to the lessee who only has excess coverage, if an accident occurs, the lessee's insurance company cannot be forced to assume the role of the primary insurer if the lesses has no primary coverage.
What Happens if You Give Someone Else Permission to Use Your Car and They Get Into and Accident?
Most likely you will be liable if you allow someone else to use your car and they get into a Lake Worth car accident due to vicarious liability (this just means that you can be liable for the actions of another even though you did not directly cause the injury). So if you let your child drive your car and they do not reside with you and they do not come under any other exceptions, you will be liable if they cause injury to another while operating your motor vehicle. Also, if you give one person permission to drive your car and they allow someone else to drive it, you may still be liable absent trespass or conversion under the dangerous instrumentality doctrine. If you have allowed someone else to drive your car and they were in an accident, contact an experienced car crash attorney immediately to determine your rights and any potential liability you may face.Establishing Liability: What Determines "Use, Ownership, or Maintenance of an Automobile" When You've Been in a West Palm Beach Car Accident
There must be some link between the motor vehicle and the injury. Courts usually allow insurance liability coverage if ther is a highly substantial connection between the use of the vehicle and the event causing injury. An example of no connection between vehicle and injury is a person shot by a gun that went off as he was removing it from the car. There is no bright-line test to guarantee whether there is a connection between your injury and a motor vehicle. The best thing you can do if you believe a vehicle may have been involved in your injury is contact an experienced West Palm Beach personal injury/automobile accident attorney to assess your case and determine the liklihood that there is liability arising out of the use, ownership or maintenance of an automobile if you have been in a Palm Beach County car accident.Subrogation Rights and Releasing a Tortfeasor: What You Should Know About UM Coverage and Your Palm Beach County Accident Case: Part III
The injured insured involved in a Lake Worth car accident does not have a duty to the UM carier to bring an action agsint the UM motorist before the statute of limitations expires to rpeserve the UM insurer's right to subrogation. UM benefits are also not considered collateral source payments, so when the UM carrier provides benefits, the tortfeasor is not entitled to a set-off for the UM payment.Under Florida statute, an injured person must send written notice of a proposed settlement with the UM motorist by certified or registered mail. If the insurer authorizes the settlement or fails to respond within 30 days, the injured may execute a release and finalize settlement with the tortfeasor without jeapordizing their UM claim.
If a UM carrier refuses to settle with a tortfeasor, the UM carrier must pay the injured insured, within 30 days, the amount of the written offer from the 3rd party tortfeasor's liability carrier to preserve their right to subrogate against the tortfeasor.
Subrogation Rights and Releasing a Tortfeasor: What You Should Know About UM Coverage and Your Palm Beach County Accident Case: Part II
UM carriers typically protect subrogation rights by putting provisions in their insurance contracts that prevent the insured from settling or moving forward with a judgment on the claim against the uninsured motorist without written consent from the UM carrier. So if you settle with the UM motorist for X amount, you may be prevented from bringing a UM claim against your own UM carrier because it creates a presumptin of prejudice to the UM carrier. This presumption can be overcome if you can show that the UM motorist is judgment proof or the carrier would have settled with the UM motorist.An example where the presumption was overcome is where an injured insured settled with a 99 year old nursing home resident who had no assets or earning potential. An example where the presumption was not overcome was where an injured insured settled with at college student with a part-time job, bank accounts and savings bonds. If you have been in a West Palm Beach auto accident with an unisured motorist, speak with an attorney immediately before speaking with anyone else so that you insure your rights. An experienced Palm Beach County personal injury/car crash attorney can help you understand all of the possible sources of recovery and how those claims must be handled.
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.
What is an Uninsured Motor Vehicle
Florida Statute defines an uninsured motor vehicle to include an insured motor vehicle when the liability insurer is unable to make payment with respect to the legal liability of the insured within the limits specified because of insolvency; a liability insurer has provided the limits of bodily injury liability for the insured which are less than the total damages sustained by the person legally entitled to recover; a liabilty insurer excludes liability coverage to a non-family member whose operation of a insured vehicle results in injuries to the named insured or to a family member of the named insured who is a member of the named insured's household. Be sure to contact an experienced Palm Beach County car accident attorney to handle your Lake Worth car crash case.Your Basis For Recovery When You Have Been Involved in a Palm Beach County Car Accident with an Uninsured Motorist: Part I
To recover UM benefits in a Palm Beach County car accident there are two requirements:1) the insured must have been injured by an uninsured motor vehicle
2) the insured is legally entitled to recover from the operator of the UM vehicle
Essentially, you must show that the uinsured/underinsured motorist is at fault and you suffered an injury. Don't attempt to settle with an at-fault driver's insurance compan before contacting and exeperienced West Palm Beach accident attorney because some underinsured policies do not require the insurance company to pay when the injured has settled with the other driver's insurance company. Avoid this costly mistake and get an attorney as soon as possible after you have been involved in a Palm Beach County car accident.
Ownership, Maintenance and Use of An Uninsured Motor Vehicle
To establish an insurer's liability under the "ownership, maintenance, and use" theory when you have been in a West Palm Beach car accident, three rules must apply: the accident must have arisen out of the inherent nature of the automoble; the accident must have arisen within the natural territorial limits of the automobile and its actual use, loading or unloading must not have termminated; and the automobile must not merely contribute to cause the condition but must itself produce the injury. In the following cases, recovery under UM benefits was allowed.1) UM motorist intentionally drove truck into insured
2) Insured injured while escaping from 2 bulls that crashed through insured's fence after they spilled from and overturned UM vehicle
3) passenger riding in an insured vehicle injured when struck by a tree limb that crashed through her windshield after an lawn worker attempted to thwon it into an uninsured truck
Recovery was not allowed in the following cases:
4) persons injured during altercation or attack
5) sheriff's department DUI specialist attacked in police vehicle by intoxicated uninsured motorist who was arrested following an accident
6) insured injured when a bomb placed under his car exploded
As you can see, there is no bright line test. When you have been injured by an uninsured motorist, you need the advice and expertise of West Palm Beach auto accident attorney to navigate your through the applicable tests, standards, laws and procedures to insure maximum recovery.
Mandatory Insured and Invalid/Permissilbe Exclusions Under Florida UM Coverage
UM coverage extends to the named insured, the named insured's spouse, and relatives of either who reside in the household (these are also known as Class I insured). Coverage does not follow a particular vehicle or accident but follows the injured person. If the injured is a Class I insured, they are covered "whenever,wherever bodily injury is inflicted upon them" and any attept to exclude coverage with a few exceptions is impermissble and invalid.For an insurer to legally be able to exclude UM coverage for injuries sustained by Class I insured while occupying any vehicle owned by such insured for which UM coverage not purchased, the insurer must notify the insured of the coverage limitation in writing on an approved form by the Office of Insurance Regulation and reduces the premium for UM coverage by at least 20%. Any UM policy which provides less than that required by Florida Statute is void as contrary to public policy. Be sure to hir an experienced Palm Beach County car accident attorney to fight the insurance companies and insure you receive the UM benefits you deserve.
Rejecting UM Insurance and Your West Palm Beach Car Accident
UM coverage can be rejected or lower limits selcted by an insured named on the policy. If there is not rejection or lower limits selected, the policy will be interpreted as having UM coverage in an amount equal to the amount of bodily injury liability limits. Under current law, an effective rejection must be IN WRITING! Unless you ask for a copy of the policy and make the necessary adjustments yourself, you may end up bearing the costs if you are invloved in a West Palm Beach car crash with an uninsured motorist. Don't let the insurance companies tell you you have rejected UM when you haven't. Hire an experienced Palm Beach County car accident attorney to insure your rights.Uninsured Motorist Claims and Arbitrating Your Palm Beach County Car Wreck
Some auto insurance policies provide UM claims must be arbitrated and courts generally enforce these because it is more efficient for both parties; however, absent an arbitration clause, arbitration of a UM claim cannot be compelled. It is advisable to contact a Palm Beach County accident attorney even before contacting your insurance carrier to insure maximum recovery. Arbitration provisions usually require the insured to select an arbitrator, the insurer to select an arbitrator, and for those two to select a third. Don't accept an unfair offer because many of the insurance companies are connected to the arbitrators. You may think you are getting a fair hearing when you are not. An experienced car accident attorney can navigate you through the insurance company's web of tricks.
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Renewing Your UM Coverage: Whate You Sould Know If You've Been in a Palm Beach County Car Accident
Florida Statute provides that UM coverage or higher limits needs not be included in any policy that "renews, extends, changes, supersedes, or replaces an existing policy with the same bodily injury limits" when the named insrued previously rejected coverage or selected lower limits. However, an insurer was required to get a new objection of UM coverage when a policy obtained by a business for an employee was treanferred to the employee after the employee leased a new car.Exclusion of UM coverage or higher limits does not apply when there has been a gap between expiration of one policy and issuance of the next policy. The subsequently issued policy does not replace an existing policy and an insurer cannot rely onthe previous rejection of the prior policy if there is a gap between expiration of one and the issuance of the next.
An insurer is required to notify the named insurer at least annually of the UM options available under the statute and failure to do so means that the insured is entitled to limits of UM coverage requal to the limits of bodily injury protection limits. If you've been involved in a Palm Beach County car accident, make sure to find an experienced West Palm Beach accident attorney who understands the importance of UM coverage and benefits to make sure you get the compensation you deserve.
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- Do I have to go to an examination under oath for my UM case against my own insurance company?
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