Car Accident

Middle District of Florida Denies Motion for Summary Judgment in Bad Faith Insurance Case

Published on: February 16, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Taylor v. Geico Indemnity Co., a driver was involved in an at-fault motor vehicle collision with a motorcyclist. Following the traffic wreck, the biker was treated for numerous broken bones. The motorcyclist elected to receive compensation from his own motor vehicle insurer, which would then seek subrogation from the at-fault driver’s liability insurance company. At the time of the collision, the automobile driver carried $10,000 in bodily injury and property damage liability accident coverage.

Eventually, 90 percent of the fault for the collision was attributed to the insured car driver. As a result, the man’s liability insurer notified him that he may be liable for any damages to the motorcyclist that exceeded the limits of the liability insurance policy he carried.

Northern District of Florida Rules Bad Faith Insurance Case Was Filed Prematurely

Published on: February 9, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Mann v. Taylor, a woman was hurt in a traffic collision that was allegedly caused by another driver. As a result of her accident, she filed a negligence lawsuit against the at-fault motorist in a Florida court. The injured woman also sought uninsured motorist benefits from her own automobile insurance company. In addition, the hurt motorist accused the company of refusing to settle her claim in good faith and asked the court to issue a declaratory judgment against the insurer. After the insurer successfully removed the woman’s case to the Northern District of Florida based on diversity of citizenship, the business filed a motion to dismiss or strike portions of the hurt driver’s claims against the company.

First, the federal court stated an injured person may bring an uninsured motorist case against his or her auto insurance company before resolving the individual’s claim against the negligent party. After examining the woman’s complaint, however, the Northern District of Florida found that the injured driver’s request for relief was unclear and ambiguous. Since the claim was not sufficiently pleaded, the court dismissed the hurt woman’s uninsured motorist benefits claim with leave to amend it in the future.

Florida’s Second District Reverses Over Trial Court’s Erroneous PIP Offset Ruling

Published on: January 26, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Moody v. Dorsett, a man was hurt in a motor vehicle collision that a jury determined was caused by another driver. As a result, jurors returned a verdict of about $11,000 against the negligent woman. Prior to trial, the man received approximately $5,500 in personal injury protection (“PIP”) benefits from his automobile insurer. After the jury returned its verdict, the negligent driver asked the court to offset the award by the amount of PIP benefits that were received by the injured man. The trial court refused, and the woman filed an appeal with Florida’s Second District Court of Appeal.

In the State of Florida, drivers must maintain $10,000 in PIP insurance protection. This coverage allows a motorist or other individual to collect up to $10,000 in order to pay for any immediate medical expenses regardless of fault. In order to recover under a PIP policy, current Florida law requires an individual who was injured in a motor vehicle collision to seek medical care within two weeks of the traffic wreck. A PIP policy will typically pay for 80 percent of an accident victim’s medical costs up to the policy’s limit of liability. A Florida motorist may increase that coverage to 100 percent of his or her accident-related medical expenses by purchasing an optional extended PIP policy.

Southern District of Florida Holds UIM Benefits Case Must be Adjudicated Before Bad Faith Insurance Claim May be Considered

Published on: January 22, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Shapiro v. Government Employees Insurance Co., a couple was seriously injured in a Florida automobile accident that was caused by an uninsured motorist. At the time of the collision, the hurt individuals maintained an uninsured and underinsured motorist (“UIM”) policy on each of their vehicles. Following the automobile crash, the couple sought financial compensation from their UIM insurer. Unfortunately, the insurance company refused to pay the couple damages for the harm each sustained in the traffic wreck. As a result, the couple filed a claim for UIM benefits in Broward County. The couple also sought a declaratory judgment under Sections 86.011 and 86.111 of the Florida Statutes and accused their UIM insurer of committing bad faith.

In response to the couple’s complaint, the insurance company removed the lawsuit to the United States District Court for the Southern District of Florida, based on diversity of citizenship. After that, the company filed a motion to dismiss the couple’s bad faith claim as well as their request for a declaratory judgment.

Appeals Court Says Video Deposition Evidence May be Used During Closing Argument in Florida

Published on: January 5, 2015 | by Friedman Rodman Frank & Estrada, P.A.

Florida’s First District has refused to order a new trial in a truck accident case. In Borden Dairy Co. of Alabama, LLC v. Kuhajda, a woman was apparently hurt in a Florida traffic collision that was caused by the driver of a 30-foot delivery truck. Following the accident, the woman filed a negligence lawsuit against the driver of the truck and his employer in state court. In her complaint, the woman sought financial compensation for the injuries she allegedly sustained in the motor vehicle crash.

The delivery truck driver’s videotaped deposition was admitted into evidence at trial. At the time, neither defendant objected to its inclusion. In addition, the driver testified before jurors that the collision occurred while he was turning left out of a parking lot across a divided highway. The man claimed that another car unexpectedly pulled out of a different parking lot and prevented him from continuing on his intended path. As a result, the driver stated the delivery truck was stopped with the trailer blocking each of the southbound lanes of the roadway when the accident occurred.

Florida’s Fifth District Refuses to Consider Unpreserved Liability Issue in Car Accident Case

Published on: December 17, 2014 | by Friedman Rodman Frank & Estrada, P.A.

In Witherell v. Larimer, a young woman apparently struck a male pedestrian while driving her mother’s automobile. As a result, the man filed a personal injury lawsuit against the driver and her mother in a Florida court. At trial, both parties claimed the other was responsible for the injury accident. According to the man, the driver struck him because she failed to pay sufficient attention to the roadway. The motorist countered that the pedestrian contributed to the incident because he was under the influence of alcohol when he crossed the roadway.

After both the pedestrian and the driver presented expert evidence, jurors returned a verdict stating each party was 50 percent responsible for the injury accident. In addition, the jury awarded the man no noneconomic damages and almost $90,000 in past medical bills. The presiding judge and both parties agreed that the noneconomic damages award was inconsistent with the medical expenses awarded to the pedestrian and asked jurors to reconsider their decision. The jury then increased the man’s noneconomic damages award to $1, and the judge entered final judgment in the lawsuit.

Florida Appeals Court Orders New Trial in Motorcycle Crash Case

Published on: December 8, 2014 | by Friedman Rodman Frank & Estrada, P.A.

Florida’s Second District Court of Appeals has ordered a new trial in a motorcycle collision case. In Shaver v. Carpenter, a motorcycle carrying a husband and wife was struck by an automobile in an intersection. Following the traffic wreck, the couple filed a negligence lawsuit against the driver who allegedly caused their crash injuries. As expected, the issue of fault was a main source of contention at trial. In the end, a jury found that the defendant motorist was 95 percent at fault for the couple’s accident harm. The jury also determined that the couple was five percent liable for the collision. In response to the jury’s award, the allegedly negligent motorist appealed the damages award.

On appeal, Florida’s Second District stated the damages award issued by the jury was tainted by inadmissible evidence. According to the court, a state trooper was erroneously permitted to offer testimony regarding which driver failed to yield the right of way. Although the allegedly at-fault driver admitted some level of culpability for the collision, the appellate court found that evidence related to which driver had the right of way was inconclusive. Despite the automobile driver’s objections, the lower court allowed the law enforcement officer to state the defendant driver violated the couple’s right of way. The Second District held that this ruling was in error based on the relevant case law.

Jacksonville Court Rules That Jury Verdict Must be Offset in Underinsured Motorist Coverage Case

Published on: December 3, 2014 | by Friedman Rodman Frank & Estrada, P.A.

In Primo v. State Farm Mutual Automobile Insurance Co., a man was allegedly injured when his car was struck from behind by an underinsured motorist. As a result of the collision, the man received a $10,000 settlement from the negligent driver. After that, the injured man filed a lawsuit in the Middle District of Florida seeking underinsured motorist benefits from his automobile insurer. In Florida, underinsured motorist coverage is a supplemental automobile insurance policy option that provides a driver with bodily injury and property damage coverage in the event that he or she is involved in a collision with a motorist who lacks sufficient liability insurance coverage.

Prior to trial, the man and his insurer agreed that the underinsured driver acted negligently. Because of this, the only issue for the jury was whether and to what degree the negligent motorist caused the man’s harm. Following trial, the jurors returned a verdict stating the negligent driver caused the man more than $57,000 in past damages. In addition, the jury found that the injured man did not sustain any permanent injuries and declined to award damages based on his future impairment or medical expenses. Ultimately, the jurors failed to award the man any non-economic damages. In general, non-economic damages include pain, suffering, loss of consortium, and other subjective types of harm.

Florida Federal Court Refuses to Dismiss Statutory Bad Faith Claim Arising Out of Broward County Car Accident

Published on: November 24, 2014 | by Friedman Rodman Frank & Estrada, P.A.

In Eads v. Allstate Indemnity Co., a Florida woman was permanently injured when the motor vehicle she was traveling in was struck while stopped at a red light in Broward County. The unfortunate car accident apparently hurt at least seven people. Following the collision, the seriously harmed woman and six other individuals filed a personal injury claim against the automobile insurance company that provided liability coverage for the driver who negligently caused the traffic wreck. In response, the insurance company agreed to pay the injured parties a combined total of $20,000. As a result, six of the people who were hurt in the crash received $2,857.

Instead of accepting the settlement offer, the permanently hurt woman filed a lawsuit against the driver who caused the collision and the owner of the automobile in the 17th Judicial Circuit in and for Broward County. According to the woman’s complaint, the vehicle owner’s insurance company did not investigate or fully evaluate the various personal injury claims filed in connection with the traffic accident. Instead, the woman alleged the insurer offered her a capricious amount of damages and refused to allow its insured to negotiate a settlement with her. Following trial, a Broward County jury awarded the woman more than $300,000 in damages.

Florida’s Fourth District Discusses Essential Elements of a Settlement Agreement in Tragic Auto Accident Case

Published on: November 20, 2014 | by Friedman Rodman Frank & Estrada, P.A.

In Thompson v. Estate of Maurice, a young man was unfortunately killed while riding as a passenger in an automobile. Following the collision, the decedent’s parents demanded payment from the liability insurance company that provided coverage for the vehicle. The letter included a settlement offer that expired in one month. The insurer responded with a counteroffer that was nearly identical but requested that the young man’s parents sign a release of all claims against the vehicle’s owner and the liability insurer as a condition of settlement. The release was never signed, and no money exchanged hands.

About two years later, the decedent’s parents filed a wrongful death lawsuit against the estate of the individual who was driving the vehicle at the time of the deadly accident and the owner of the car. In their complaint, the decedent’s parents claimed that the driver caused their son’s death by negligently operating the automobile. They also asserted vicarious liability claims against the owner of the car.