Car Accident

Insurance Company Ordered to Pay Legal Fees and Costs After Denying Benefits to Insured Florida Driver Following Collision

Published on: November 17, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Explorer Insurance Co. v. Cajusma, a Florida man obtained liability coverage from an insurance company. Later, the man and his passengers were involved in a traffic wreck with another vehicle that was carrying two individuals. Following the accident, the man and his passengers each sought chiropractic care from a local clinic. Each of the man’s passengers also sought personal injury protection (“PIP”) benefits.

Next, the driver of the other vehicle and his own passenger filed a negligence claim against the man. After the man’s insurer denied each individual’s claim, they filed separate lawsuits against the man in a Florida court. In addition, the chiropractic clinic filed a lawsuit against the man and one of his passengers, seeking payment for the services it performed following the collision.

Appeals Court Orders New Trial in Florida Car Accident Case

Published on: November 10, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Maniglia v. Carpenter, two men were involved in a nighttime car accident on Interstate 95 in Florida in 2009. The accident was purportedly caused when the left front portion of one car struck the right rear corner of another vehicle while changing lanes. Although the driver who was changing lanes and his passenger asserted that the collision was minor, the other driver complained that it was a serious accident.

Following the crash, the allegedly hurt motorist sought chiropractic treatment for neck and back pain. An x-ray showed no injuries except for “normal wear and tear.” As a result, the chiropractor did not place any work restrictions on the injured driver. About one month later, the injured man collided with a car while driving a golf cart. The man was apparently thrown to the ground as a result. He was also arrested following an altercation with law enforcement authorities who responded to the incident. Despite this, the injured driver apparently failed to disclose the subsequent accident to his chiropractor. The hurt man also sought treatment from a surgeon, who suggested the man undergo surgery after examining magnetic resonance images taken following the golf cart incident.

Appeals Court Rules Florida Car Accident Victim’s PIP Benefits Subject to Contracted-For Deductible

Published on: November 6, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Mercury Insurance Co. v. Emergency Physicians of Central Florida, a Florida woman was injured in a car accident. At the time of the traffic wreck, the woman carried $10,000 in personal injury protection (“PIP”) benefits that she purchased from her auto insurer. As part of the PIP policy, the woman elected a $500 deductible. Following the collision, the woman sought medical treatment from an emergency clinic. Within 30 days of the accident, the clinic submitted a bill for $191 to the woman’s PIP insurer. After that, no further bills were received by the insurance company.

More than two months later, the emergency clinic submitted a statutory demand letter seeking payment for the care it provided to the insured woman to her insurance company. The insurer ignored the demand letter, and the clinic filed a lawsuit against the company in a Florida county court. According to the insurance company, it was not required to pay the medical bill because the amount was well below the deductible provided for in the PIP policy.

Southern District of Florida Allows First-Party Bad-Faith Action Against Insurer to Proceed

Published on: October 30, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Levesque v. Government Employees Insurance Co., a Florida woman sustained serious injuries in a car accident that was caused by an uninsured motorist. Following the crash, the woman sought uninsured motorist (“UM”) benefits from her automobile insurance provider. Since the insurance company failed to provide the woman with the full policy limits of $100,000 within 60 days of being provided with a Civil Remedy Notice of Insurer Violation, the woman filed a lawsuit against the company in a Florida state court. The insurer admitted the woman was entitled to recover the full policy limits and moved for entry of final judgment.

After procuring a final judgment against the auto insurer, the woman filed a statutory bad-faith case against the company under Section 624.155 of the Florida Statutes. In her lawsuit, the woman sought damages for the full value of her injuries from the insurance company. The insurer responded to the hurt woman’s complaint by filing a motion to dismiss or stay the case. According to the company, the woman’s action was premature because she failed to establish her total damages in her underlying UM lawsuit.

Florida Liability Insurer Held Jointly and Severally Liable for Costs in Car Accident Case

Published on: October 15, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In New Hampshire Indemnity Co. v. Gray, a Florida driver was sued following a catastrophic auto accident. Throughout the case, the man’s insurance company provided a defense to the motorist, pursuant to the terms of his liability insurance policy. At the close of the trial, a jury awarded the plaintiff about $2.3 million in damages.

After a final judgment was entered against the driver, the injured plaintiff sought tax costs against the insurance company. The plaintiff also sought to join the insurer in the judgment. The company opposed the injured plaintiff’s request and argued it could not be held responsible for costs under the terms of the liability policy. Additionally, the insurer claimed it could not be joined in the judgment because the plaintiff failed to comply with the procedural requirements enumerated in Section 627.4136(4) of the Florida Statutes. After the plaintiff complied with the terms of the law, but before the insurance company received notice, the trial court held the company jointly and severally liable for over $135,000 in costs.

Florida Appeals Court Holds Settlement Offer Was Not Vague or Ambiguous in Fatal Car Accident Lawsuit

Published on: September 18, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Wallen v. Tyson, a Florida man was tragically killed in a September 2010 car accident. Following the unfortunate event, the other driver involved in the collision filed a lawsuit in a Florida court against the deceased man’s estate. After that, the estate served a $12,000 settlement proposal on the driver, which contained a release of liability for all claims arising out of the motor vehicle wreck. The release specifically stated the driver maintained his right to pursue damages from any individual other than the personal representative of the decedent’s estate. The offer also stated the terms were subject to negotiation. The allegedly injured driver apparently ignored the settlement proposal, and the case proceeded to trial.

Following a jury trial, the driver received an award of $13,000. The court then reduced the award by about $3,800 for payments that were previously made by the man’s insurer. Since the final judgment was more than 25 percent less that the estate’s settlement offer, the driver was rendered liable for the estate’s legal costs under Section 768.79 of the Florida Statutes.

Appeals Court Overturns Remittitur for Pain and Suffering in Florida Automobile Accident Case

Published on: September 15, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Arnold v. Security National Insurance Co., a Florida man was hurt in an automobile crash that was apparently caused by an uninsured driver. Following the accident, the man filed a lawsuit against the company that provided him with uninsured motorist insurance. In his complaint, the man sought damages for his medical expenses as well as his past and future pain and suffering.

During trial, the hurt man offered expert testimony in support of his request for reimbursement of his health care costs as well as his current and future pain and suffering. According to the expert testimony, the man suffered a herniated disc in his back that would likely require surgery and ongoing medical treatment as a result of the traffic wreck.

Florida Appeals Court Rules Insurance Company May Not be Joined in Pending Fatal Car Accident Lawsuit

Published on: September 8, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Geico General Ins. Co. v. Lepine, a Florida man was unfortunately killed in a motor vehicle collision. Following the accident, the man’s wife filed a lawsuit on behalf of herself and her husband’s estate against the driver who was allegedly responsible for the fatal traffic wreck and his automobile insurer. According to the woman’s complaint, the insurance company reneged on its verbal agreement to pay her the full policy limits of $100,000.

In response to the lawsuit, the insurer filed a motion to dismiss the breach of contract claims brought against the company. In its motion, the business argued Section 627.4136 of the Florida Statutes barred the decedent’s wife from filing a direct cause of action against the insurance company. Under the so-called nonjoinder statute, a noninsured may not file a direct action against an insurance company in Florida without first obtaining a settlement or verdict against the insured party.

Equitable Subrogation Question Certified to Florida Supreme Court in Personal Injury Case

Published on: August 3, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Allstate Insurance Company v. Theodotou, a young man suffered head trauma and other injuries when he was struck by a motorist while riding his scooter in Florida. Following the collision, the boy was treated at a local hospital. Unfortunately, his injuries were apparently made worse as a result of medical negligence.

Not long after the accident, the young man’s guardian sued the motorist who struck him as well as the owner of the vehicle. At trial, the defendants were precluded from presenting evidence that the young man’s condition was made significantly worse due to negligent medical care in accordance with prior Florida precedent. Ultimately, the defendants were ordered to pay the young man more than $11 million. After that, the driver’s auto insurer paid the boy’s guardian the full accident policy limits of $1.1 million.

Lakeland Appeals Court Rules Car Accident Defendant Entitled to Legal Fees After Plaintiff Rejects Settlement Offer

Published on: July 24, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Miley v. Nash, a woman was injured in a Florida automobile collision. Following the accident, the woman filed a personal injury lawsuit against the driver who allegedly caused the crash and the owner of the vehicle in a Florida Court. In addition, her spouse sought damages for his loss of consortium. Prior to trial, the defendants made a settlement offer of more than $58,000 to the woman. The offer required the woman to dismiss all of her claims against both defendants and pay her own legal fees. Although the offer did not address her husband’s loss of consortium cause of action, he later dropped his claim.

The woman rejected the defendants’ settlement proposal, and the case proceeded to trial. Following a jury trial, jurors issued a verdict of nearly $18,000 in favor of the woman. Next, the defendants filed a request for attorney’s fees and costs under Section 768.79 of the Florida Statutes. Under the law, a plaintiff who receives a verdict that is at least 25 percent less than a written settlement offer may be ordered to pay the legal fees of the opposing party.