How can you get compensation when you are involved in a Palm Beach County car accident with an uninsured motorist?

The two requirements to recover uninsured motorist benefits are (1) the insured has been injured by an "uninsured motor vehicle" and (2) the insured is "legally entitled to recover" from the operator of the uninsured motor vehicle. F.S. 627.727 (1); Allstate Insurance Co. v. Boynton, 486 So.2d 552 (Fla. 1986) (Mainly you must show that the uninsured/underinsured motorist was at fault and you suffered some injury ). Do not attempt to settle with the at-fault drivers insurance company before contacting an experienced West Palm Beach accident attorney, because some underinsured policies do not require the insurance company to pay if the insured has settled with the other driver's insurance company. Avoid this costly mistake of losing tons of money by contacting a knowledgeable Palm Beach County accident attorney immediately after you have been involved in a car accident.

F.S. 627.727(3) defines "uninsured motor vehicle" to include an insured motor vehicle when the liability insurer

(a) Is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency;

(b) Has provided limits of bodily injury liability for its insured which are less than the total damages sustained by the person legally entitled to recover damages; or

(c) Excludes liability coverage to a non family member whose operation of an insured vehicle results in injuries to the named insured or to a relative of the named insured who is a member of the named insured's household.

In order to recover for uninsured motorist benefits you must show damages as opposed to, UM coverage exceeding liability coverage. For example if you get in to a car accident and the tortfeasor has a 10k policy and you have a 15k UM policy, you are entitled to 25k in total benefits so long as your damages are equal or greater than 25k. You should be aware that the Supreme Court of Florida has upheld a policy definition of "uninsured motor vehicle" that excludes the vehicle insured under the policy from which benefits are sought. Reid v. State Farm Fire & Casualty Co., 352 So.2d 1172 (Fla. 1978). The importance of your Palm Beach County accident attorney not having knowledge of such information can be brought to light in the Florida Supreme Court decision in Travelers Insurance Co. v. Warren when the court did not permit the estate of a passenger killed as a result of the negligence of a host driver to recover liability and UM coverage from the same policy insuring the vehicle operated by the negligent host driver, when the negligent host driver's policy excluded the vehicle(s) insured under the policy from the definition of "uninsured motor vehicle."

If you are a passenger involved in a car accident and the driver of the other vehicle was uninsured, you may have more money available to you for damages. In cases in which a passenger is injured as a result of the combined negligence of the host driver and the driver of a second uninsured motor vehicle, courts have held that the injured passenger can seek both liability coverage from the negligent host driver's policy and UM coverage from the same policy with respect to the claim against the other negligent, uninsured driver. Armstrong v. Allstate Insurance Co., 712 So.2d 788 (Fla. 2d DCA 1998); Woodard v. Pennsylvania National Mutual Insurance Co., 534 So.2d 716 (Fla. 1st DCA 1988). Be aware that a policy provision excluding self-insured vehicles from the definition of "uninsured or underinsured motor vehicle" is void as contrary to the uninsured motorist statutes and public policy. Young v. Progressive Southeastern Insurance Co., 753 So.2d 80 (Fla. 2000). Also, when proceeding with your claim against a third-party tortfeasor's liability insurer and the insurer becomes insolvent within four years after the accident, your West Palm Beach accident attorney should be aware that this entitles the insured to proceed against the insured's own UM carrier.

Don't let the insurance carrier tell you that you do not have a claim if you are injured in an accident by a hit-and-run driver or "phantom" vehicles because most policies include these in the definition of "uninsured motor vehicle." However, insurers may require that the insured give notice to the police or carrier within a specified length of time, usually 24 hours. Failing to follow with this requirement will create a presumption of prejudice unless the insured can prove that insurer was not in fact prejudiced by the untimely notice. Torres v. Protective National Insurance Co. of Omaha, 358 So.2d 109 (Fla. 3d DCA 1978); Allstate Insurance Co. v. Korschun, 350 So.2d 1081 (Fla. 3d DCA 1977).