Florida Car accident : Uninsured Motorist Complaint1-800-74-TRIAL to get help today!

NOW COMES the Plaintiff, by and through counsel, who complains against the Defendant as follows:
1. Plaintiff is now and was at all times relevant hereto a resident of Anytown, Anystate.
2. Defendant, XYZ Insurance Company, was at all times relevant hereto, a foreign insurance company doing business in the State of Anystate including, but not limited to, the County of Doe, Anystate.
3. On or about July 25, 2005, Plaintiff was the operator of a Chevrolet automobile on Congress Street in the vicinity of Thompson's Point Road in the City of Doe, Anystate.
4. At all times relevant, Plaintiff was in the exercise of all due care.
5. As Plaintiff proceeded on Congress Street as aforesaid, an automobile operated by John Doe negligently turned into the path of Plaintiff's automobile, causing a collision between Plaintiff's vehicle and the automobile operated by John Doe.
6. As a direct and proximate cause of this collision, the Plaintiff received numerous physical injuries and suffered physical and mental pain.
7. Also as a direct and proximate cause of the aforesaid collision, the Plaintiff was forced to spend monies for medical care, and she will continue to suffer mental and physical pain due to the permanent nature of her injuries.
8. The Plaintiff is legally entitled to recover damages for her injuries from John Doe.
9. At the time of the aforesaid collision, John Doe was the owner and/or operator of an uninsured motor vehicle within the meaning of the Anystate Insurance Code and applicable Anystate law.
10. John Doe was operating the aforesaid uninsured motor vehicle when he negligently collided with the vehicle operated by the Plaintiff.
COUNT I
Breach of Insurance Contract
11. The Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 10 of this Complaint as if fully contained herein.
12. At the time of the aforesaid collision between the Plaintiff and John Doe, the Plaintiff and her automobile were covered by XYZ Insurance Company.
13. The aforesaid automobile liability policy issued and sold to Plaintiff by Defendant provided coverage therein for the protection of the Plaintiff in the event that she became legally entitled to recover damages from the owner or operator of an uninsured, underinsured or a hit-and-run motor vehicle, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of such uninsured, underinsured or hit-and-run motor vehicle.
14. When the vehicle driven by John Doe collided with the Plaintiff's vehicle, John Doe was using an uninsured motor vehicle.
15. Under the terms of the aforesaid automobile liability policy issued by Defendant to Plaintiff, the Defendant is obligated to compensate Plaintiff for the damages which she suffered and will continue to suffer as a proximate result of the aforesaid collision between the Plaintiff and John Doe.
16. After due demand for payment of said damages, Defendant has failed and refused to honor the terms of its insurance contract and is in breach thereof.
WHEREFORE, Plaintiff prays for judgment against Defendant XYZ Insurance Company, in an amount to be determined at trial, for costs of suit, interest, and for such other relief as to this Honorable Court seems just in the circumstances.
COUNT II
Failure to Pay Undisputed Claim
17. The Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 10 of this Complaint and the allegations contained in paragraphs 11 through 16 of Count One of this Complaint as if fully contained herein.
18. Under Title 1234, Anystate Revised Statutes, Section 5678, a claim for benefits under the automobile liability policy issued by Defendant was required to be paid within 30 days unless said claim was disputed within that period or the insurer notifies the claimant in writing that additional information is required.
19. The Plaintiff provided the Defendant proof of her loss by letter of (date) and payment became overdue when the Defendant failed to dispute the Plaintiff's claim, or request additional information within 30 days.
20. The Plaintiff is entitled to interest and attorney's fees on the overdue claim as set forth in the above referenced statute.
WHEREFORE, Plaintiff prays for judgment against Defendant XYZ Insurance Company, in an amount to be determined at trial, for costs of suit, interest, attorney's fees, and for such other relief as to this Honorable Court seems just in the circumstances.
COUNT III
Unfair Claim Settlement Practices
21. The Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 10 of this Complaint, the allegations contained in paragraphs 11 through 16 of Count One of this Complaint and the allegations contained in paragraphs 17 through 20 of Count Two of this Complaint as if fully contained herein.
22. Under Title 1234, Anystate Revised Statutes, Section 5678, a person injured by certain actions taken by that person's insurer is entitled to recover damages, together with costs and disbursements, reasonable attorney's fees and interest on damages at the rate of (%) percent per month.
23. Defendant is the Plaintiff's own insurer as to the uninsured motorist claim arising from the collision of Plaintiff's automobile with the vehicle driven by John Doe.
24. Plaintiff was injured by the following actions of Defendant:
A. Defendant failed to pay or deny Plaintiff's claim as aforesaid, within a reasonable time following receipt of written notice of said claim arising under the policy sold to Plaintiff by Defendant;
B. Defendant failed, without just cause, to effectuate prompt, fair, and equitable settlement of Plaintiff's claim when liability had become reasonably clear. Defendant refused to settle the Plaintiff's claim without a reasonable basis to contest liability, the amount of damages, and the injuries claimed.
WHEREFORE, Plaintiff prays for judgment against Defendant XYZ Insurance Company, in an amount to be determined at trial, for costs of suit, interest, attorney's fees, and for such other relief as to this Honorable Court seems just in the circumstances.
Dated: ____________
______________________________
Attorney for Plaintiff, Bar No. #