Being involved in even a minor Florida car accident is a stressful experience, but when an accident victim suffers serious injury in an accident the stress can become overwhelming. initially the physical and emotional recovery consume an accident victim\u2019s time and thoughts, but as the body and mind start to heal, financial worries creep into the picture. What sort of medical treatment is going to be needed in the future? How will it be paid for?<\/p>\n
Thankfully, Florida accident victims are able to pursue a claim for compensation against the at-fault party through that party\u2019s insurance carrier. Although Florida law requires a base level of coverage, if the at-fault motorist does not have insurance coverage, then an accident victim will likely be able to file a claim with their own insurance policy under the uninsured motorist clause. Similarly, if an accident victim\u2019s injuries amount to a need for compensation in excess of what is available through the at-fault driver\u2019s policy, a claim under the victim\u2019s underinsured motorist protection clause can help fill the gap.<\/p>\n
Dealing with insurance companies, however, is rarely an easy experience. Insurance companies operate on a for-profit model, and are often reluctant to approve a claim for what the accident victim deserves. Indeed, in many cases insurance companies look for ways to deny a claim, or approach a motorist with a low-ball offer in hopes of settling the claim quickly and for as little as possible. A recent case<\/a> illustrates an insurance companies attempt at avoiding financial liability following a Florida car accident.<\/p>\n <\/p>\n The Facts of the Case<\/strong><\/p>\n The plaintiff, a minor, was a student who initially lived in Florida, but was attending school in another state. The plaintiff\u2019s parents had an insurance policy that covered the parents and their \u201crelatives.\u201d The policy defined relatives as a related person who \u201cprimarily lives\u201d with the parents, or an \u201cunmarried and unemancipated child away at school.\u201d<\/p>\n The plaintiff was involved in a car accident that was caused by another motorist who did not have insurance. The plaintiff filed a claim with her parents\u2019 insurance policy, under the uninsured motorist protection clause. However, the insurance company denied coverage, claiming that the plaintiff had moved away to school and had no intention of moving back to Florida. The court noted that there was conflicting evidence regarding the plaintiff\u2019s intention to return to Florida.<\/p>\n The trial court determined that the plaintiff was covered both as a related person who lived primarily with her parents as well as an \u201cunmarried and unemancipated child away at school.\u201d<\/p>\n The insurance company appealed.<\/p>\n On appeal, the court noted that the evidence presented \u2013 although conflicting \u2013did support a finding that the plaintiff was an \u201cunmarried and unemancipated child away at school.\u201d The court explained that, while the trial judge could have ruled the other way and the decision would have been reasonable, there was sufficient evidence to support the court\u2019s finding. Thus, the lower court\u2019s finding was upheld and the plaintiff was determined to be covered under her parents\u2019 policy.<\/p>\n Have You Been Injured in a Florida Car Accident?<\/strong><\/p>\n If you or a loved one has recently been injured in a Florida car accident<\/a>, you may be entitled to monetary compensation. The dedicated South Florida personal injury attorneys at the law firm of Cecere Santana have extensive experience representing Florida car accident victims and their families in a wide range of personal injury cases, including those presenting issues with difficult insurance companies. Call 800-753-5529 to schedule a free consultation with an attorney today to discuss your case and what avenues of recovery you may be entitled to.<\/p>\n More Blog Posts:<\/strong><\/p>\n Drunk Driving Accidents in Florida<\/a>, Cecere Santana Injury Lawyers Blog, published January 4, 2018.<\/p>\n