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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.