Car Accident

Florida Appeals Court Overturns Unsupported Additur Award in Traffic Wreck Case

Published on: December 1, 2015 | by Friedman Rodman Frank & Estrada, P.A.

Florida’s Fourth District Court of Appeals has overturned an additur award after the trial court failed to provide its findings in support of the additional damages. In Ferrer v. La Serna, a woman was apparently injured when her vehicle was struck by another car in Florida. A few days after the traffic collision, the woman sought medical treatment from her physician. The doctor diagnosed the woman with a neck injury and found that the woman’s spine was afflicted with a degenerative condition. According to the physician, although the crash did not cause the degenerative condition, it did cause the woman to begin suffering symptoms.

The woman’s doctor recommended that she refrain from receiving chiropractic care for her car accident injuries. According to the physician, such adjustments could potentially aggravate her underlying spinal condition. Against the advice of her doctor, the woman purportedly saw a chiropractor several times per week for multiple months.

Tampa Court Holds Woman Entitled to Receive UM Auto Accident Benefits

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

In Tibbetts v. State Farm Mutual Automobile Ins. Co., a Florida woman sought uninsured motorist (“UM”) benefits from her parents’ automobile insurer following a September 2014 traffic wreck. At the time of the collision, the woman was living with her parents and riding as a passenger in one of the vehicles insured under the policy. The insurance policy provided $100,000 in both bodily injury and UM benefits. Although the driver of the vehicle was not a named insured, nor did he have permission to be operating the vehicle, the woman was a “resident relative” under the policy terms. Additionally, the driver did not possess motor vehicle insurance at the time of the incident.

Following the car accident, the insurer denied the woman’s request for UM benefits. In response to the insurance company’s denial of benefits, the woman filed a lawsuit against the company in the Middle District of Florida in Tampa. According to the woman, the insurer breached the terms of the insurance policy by refusing to pay her UM benefits.

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.