Articles Posted in Uninsured Motorist

Florida District Court Discusses Jurisdiction Over Uninsured Motorist Cases

Published on: May 24, 2021 | By Blakeley Law Firm, P.A.

In Florida, most drivers have underinsured motorist insurance, which provides coverage for losses incurred due to accidents with people with inadequate insurance. Unfortunately, insurance companies often try to avoid their obligations by refusing to pay insured individuals the benefits they are owed. In such instances, the insureds can file lawsuits against the insurer, alleging breach of contract and other claims. In many instances, insurance companies will attempt to move cases to federal court in efforts to obtain more favorable rulings. Recently, a Florida court discussed the requirements for proving a federal court can exercise jurisdiction over a matter in a case in which the plaintiff sought remand of an underinsured motorist claim. If your insurer denied you uninsured motorist benefits, you should speak to a Florida car accident lawyer about your options for seeking redress.

History of the Case

It is alleged that the plaintiff was involved in a rear-end collision with an underinsured motorist. She sustained significant injuries and subsequently filed an underinsured motorist claim with the defendant, the company that provided her automobile insurance. The defendant denied her claim, after which she filed a lawsuit in state court. The complaint alleged her damages were in excess of thirty-thousand dollars and one cent, but the sum in parentheses after the damages amount was $100,000. The defendant, a resident of Michigan, removed the case to federal court on the basis of diversity jurisdiction. The plaintiff filed a motion to remand, arguing that the defendant failed to show the amount in controversy was sufficient to meet the jurisdictional requirements.

Federal Court Jurisdiction Over Uninsured Motorist Claims

Defendants that remove cases from state court to federal court bear the burden of proving that federal jurisdiction exists. In part, this requires a defendant to set forth a notice of removal that includes a plausible assertion that the amount in controversy exceeds the jurisdictional threshold. If a plaintiff disputes an allegation in a notice of removal or a court questions it, the defendant then has to produce evidence showing the amount in controversy requirement is met. Continue reading

Florida Court Discusses Underinsured Coverage in Multi-Car Collisions

Published on: March 19, 2021 | By Blakeley Law Firm, P.A.

It is not uncommon for a driver to set off a chain of events that leads to a series of collisions. When multiple crashes arise during a single incident, it may be disputed whether they constitute one or more accidents for purposes of determining insurance coverage. Recently, a Florida court issued an opinion discussing the issue of determining how many discrete events occurred in a case in which the plaintiff and her insurer disagreed regarding the extent of underinsured motorist coverage available. If you were hurt in an accident caused by a driver without insurance, you might be owed significant damages from your insurance company, and you should meet with a trusted Florida car accident attorney regarding your rights.

The Subject Collision

It is reported that that the plaintiff was traveling on a Florida highway when she was struck by a pickup truck that was traveling next to her. The truck driver drove away after the crash. The plaintiff was then hit by a driver without insurance. She subsequently filed a lawsuit seeking uninsured motorist benefits from her insurance company, alleging she was involved in two accidents. The insurance company disagreed that two accidents happened, asserting that the incident constituted a single occurrence. The case proceeded to trial, and the jury ultimately found that there was only one occurrence. The plaintiff then appealed.

Accidents in the Context of Underinsured Motorist Insurance

On appeal, the court noted that the term accident in the context of insurance has been subject to multiple interpretations when the policy does not provide a definition. Generally, cases that define the term accident focus on whether an insured is liable for the harm. They typically define occurrences as accidents, which include a repeated or continuous exposure to substantially the same general harmful conditions. Continue reading

Florida Court Discusses Uninsured Motorist Benefits for Rental Car Drivers

Published on: December 21, 2020 | By Blakeley Law Firm, P.A.

Florida is a popular tourist destination, and many visitors rent cars to travel during their vacations. If drivers with rented cars are injured in accidents, the other driver may lack adequate insurance to compensate them for their losses. Thus, they may seek damages from other sources, but it may not be clear who is ultimately responsible for providing compensation for the harm suffered. Recently, a Florida court set forth an opinion addressing the issue of whether a person hurt in a collision while driving a rental vehicle can recover uninsured motorist benefits from the insurer of the rental car. If you were hurt in a collision with an uninsured vehicle, you could be owed damages, and it is prudent to speak to a trusted Florida car accident attorney regarding your rights.

The Accident

It is reported that the plaintiff was involved in an accident with an uninsured motorist while operating a rental car. She filed a lawsuit against the defendant, the insurer of the rental car, arguing that it was required by law to make excess uninsured motorist coverage available in the amount of $1 million instead of $100,000. The defendant filed a motion for summary judgment. The court granted the motion, and the plaintiff appealed, and on appeal, the appellate court affirmed.

Florida Law Regarding Uninsured Motorist Coverage

Florida law requires insurers to make excess uninsured motorist coverage available to their insureds. The coverage amount must be up to the bodily injury liability limits of the policy or $1 million, whichever is less. To determine whether the defendant in the subject case complied with the law, the court had to assess whether the defendant made excess uninsured motorist coverage available to the rental car company that was the named insured and whether the insurer made the coverage available to the plaintiff, assuming it had a duty to do so.

Florida Court Discusses Directed Verdicts in Car Accident Cases

Published on: December 2, 2020 | By Blakeley Law Firm, P.A.

Many drivers in Florida either do not have insurance or lack adequate coverage. When drivers with insufficient insurance cause collisions, injured parties often have to look to their own insurers for benefits. People seeking uninsured motorist benefits must still prove liability and causation to recover damages from their insurer, though, as discussed in a recent Florida opinion in which the court reversed a directed verdict in favor of an insured. If you were injured in a crash caused by a driver with inadequate insurance, it is advisable to speak with a seasoned Florida car accident attorney to determine what damages you may be able to recover.

The Accident and Trial

The plaintiff was involved in a collision with the defendant driver that caused her to suffer a knee injury. She filed a lawsuit against the defendant driver and the owner of the vehicle he was driving at the time of the accident. As the defendant driver and owner lacked adequate insurance coverage, she filed an uninsured/underinsured motorist claim against her insurance company as well.

During the trial, the plaintiff filed a motion for a directed verdict on the issues of causation and the permanency of her injury, which the court granted. The jury then issued a verdict in favor of the plaintiff, and the defendant appealed, arguing that disputed issues of fact existed as to whether the accident caused her alleged harm.

Court Discusses Choice of Law Determinations in an Uninsured Motorist Case in Florida

Published on: November 10, 2020 | By Blakeley Law Firm, P.A.

While Floridian drivers are required to have car insurance, not all of them do, and many uninsured drivers cause accidents throughout the state. Fortunately, many people purchase insurance policies that include uninsured motorist coverage, and they can obtain benefits for the losses caused by an accident with a driver without insurance. Many insurers are based in other states, though, and may dispute what state’s laws apply in determining whether coverage should be afforded. This was demonstrated in a recent opinion issued in an uninsured motorist accident case in Florida, in which the court discussed choice of law determinations. If you were hurt in an accident with an uninsured motorist, it is in your best interest to meet with a trusted Florida car accident attorney to discuss your rights.

The Accident and Subsequent Lawsuit

Allegedly, the plaintiff suffered injuries in a car accident with another driver. The accident occurred in Pennsylvania. The driver’s insurance company denied the plaintiff’s request for damages, arguing the driver was not liable for the accident. The plaintiff then filed a claim seeking uninsured motorist benefits from the defendant, her insurer. The insurer denied the plaintiff’s request, arguing that there was no uninsured driver, and the plaintiff was at fault for the accident and therefore was not owed damages. The plaintiff then filed a lawsuit against the defendant in Florida, seeking uninsured motorist benefits. The defendant filed a motion for summary judgment, arguing Pennsylvania law should apply, precluding the plaintiff’s claims.

Choice of Law Determinations in Uninsured Motorist Cases in Florida

A federal district court exercising diversity jurisdiction will usually apply the law of the forum state, including when making a choice of law analysis. Prior to conducting a choice of law analysis, however, a court must determine whether there is a true conflict between the laws of the two jurisdictions. Where the laws of the two states would produce the same results, there is a false conflict, and the court should not conduct a choice of law analysis.

Florida Court Discusses Set-Offs in Uninsured Motorist Cases

Published on: November 4, 2020 | By Blakeley Law Firm, P.A.

When people are injured in a car accident, the insurer of the person that caused the accident will typically pay for any damages incurred. If the person at fault is not insured or has inadequate insurance, though, the injured party may be able to recover uninsured or underinsured motorist benefits from his or her insurer. Unfortunately, insurers do not always agree with their insureds regarding what benefits are owed, and sometimes injured parties will have to turn to litigation to protect their rights. Recently, a Florida court discussed an insurer’s duties with regard to uninsured motorist benefits, specifically addressing whether an insurer was entitled to a set-off for amounts previously paid following a verdict in favor of the plaintiff. If you were hurt in an accident with a driver who lacks insurance, it is in your best interest to speak to a seasoned Florida car accident attorney regarding your rights.

The Negotiations Between the Parties

Allegedly, the plaintiff was injured in an accident with an uninsured driver. He then filed a lawsuit against his insurance company, seeking uninsured motorist benefits. Before the trial, the defendant insurer sent the plaintiff a payment in the amount of $185,000, which it characterized as a payment made in good faith. The letter accompanying the payment stated that it would be credited against any determination of damages issued by the jury. The plaintiff accepted the payment.

It is reported that the jury returned a verdict in favor of the plaintiff, awarding him $286,521.57. The trial court held a hearing to determine appropriate set-offs to the verdict before entering the final judgment. The parties agreed to set-offs, which totaled approximately $140,000. Then, after determining that the defendant was also entitled to a set-off for its advance payment, the court noted that the total set-off amount exceeded the damages awarded by the jury and entered a judgment in favor of the defendant. The plaintiff appealed.