Updated: December 2022
Earlier this month, a court issued a written opinion in a Florida golf cart accident case requiring the court to determine if the plaintiff’s insurance provider was required to cover the accident under the underinsured motorist (UM) provision of the plaintiff’s policy. Ultimately, the court held that the exclusion for accidents involving “non-owned golf carts” was invalid.
The Facts of the Case
The plaintiff was walking on a pathway in Sun City Center when she was struck by a golf cart. As a result of the collision, the plaintiff suffered serious injuries. The operator of the golf cart did not have sufficient insurance coverage to fully compensate the plaintiff for her injuries, so she filed a claim with her own insurance company, under the underinsured motorist provision.
The plaintiff’s insurance policy contained separate language for accidents involving liability insurance and accidents involving UM insurance. Specifically, the plaintiff’s liability policy covered accidents involving “non-owned golf carts,” but accidents involving “non-owned golf carts” were specifically excluded from the UM protection policy. Thus, the insurance company denied the plaintiff coverage.
The court hearing the case rejected the insurance company’s argument and required it to cover the plaintiff’s injuries. The court explained that under Florida Statutes section 627.727, underinsured motorist protection must be reciprocal of liability coverage. The court explained that the law was written to provide accident victims with the same type and amount of coverage, regardless of whether the accident involved an insured or uninsured motorist. Thus, under Florida law, if an accident is covered under a liability policy, it should also be covered under the UM policy.
Dealing with Difficult Insurance Companies
After an accident, dealing with an insurance company can too often be a major headache. While the purpose of car insurance is to make sure that the accident victim’s expenses are covered, too often insurance companies attempt to free themselves of liability through contractual loopholes and clever legal arguments.
For this reason, it is crucial that anyone injured in a Florida car accident reach out to discuss their case with a dedicated South Florida personal injury attorney prior to making any decisions about how to proceed with their claim. Accident victims may be entitled to significant compensation.
Have You Been Injured in a Florida Car Accident?
If you or a loved one has recently been injured in a South Florida car accident, you may be entitled to monetary compensation. The dedicated team of Florida personal injury lawyers at the law firm of Cecere Santana has extensive experience representing victims and their families in all types of Florida personal injury and wrongful death cases. To learn more, and to speak with an attorney about your case, call 800-753-5529 to schedule your free consultation. Calling is free, and we will not bill you for our services unless we are able to assist you in obtaining the compensation you deserve.
More Blog Posts:
Drunk Driving Accidents in Florida, Cecere Santana Injury Lawyers Blog, published January 4, 2018.
Court Finds Student Attending School in Another State Is Covered under Parents’ Florida Insurance Policy, Cecere Santana Injury Lawyers Blog, published January 10, 2018.
