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Collecting Damages Through Uninsured Motorist Policies After a Florida Car Accident

Florida law requires motorists to carry a minimum amount of insurance coverage to cover property damage and personal injuries that may result after an accident. In some situations, Florida injury victims are unable to recover for their losses because the at-fault driver cannot pay. To address this issue, lawmakers require Florida insurance companies to offer their policyholders optional uninsured/underinsured motorist (UIM) coverage.

Uninsured/underinsured motorist coverage protects motorists, relatives they reside with, and people who occupy their vehicles. In most cases, insurance companies offer UIM coverage in the same amount that the policyholder has bodily injury coverage. This coverage is essential in instances where a driver is involved in an accident with a negligent driver that does not have enough insurance coverage to cover the victim’s injuries. This coverage typically covers damages related to medical expenses, lost wages, rehabilitative or nursing care, medical devices, pain and suffering, and death.

This coverage is vital because, despite laws requiring insurance coverage, Florida has a high rate of uninsured drivers. Additionally, Florida has a very low minimum amount of necessary coverage. These two facts can have devastating financial and physical consequences for car accident victims. Injury victims who wish to evoke this coverage may face difficulties because insurance companies are often reluctant to pay out damages. When this happens, injury victims may incur a delay in obtaining appropriate medical treatment, which can contribute to additional serious health conditions.

For example, in a recent case, a state appellate court addressed common issues that people face when trying to evoke UIM coverage. In that case, a young special-needs boy was assaulted while he was on a school bus. His representative invoked his mother’s UIM policy to recover for damages he suffered because of the assault. The insurance company denied coverage, arguing that the UIM coverage did not apply to his situation. The company claimed that the coverage only applied to damages that occur because of the “ownership, maintenance, or use”, of an uninsured car. The court found in favor of the insurance company, and the boy was unable to recover for his damages. The facts surrounding the case are unusual, but the discussion regarding the difficulties policyholders have collecting through their UIM coverage is very common. Injury victims who face barriers to recovery because of their insurance company should seek representation from a Florida car accident attorney.

Have You Suffered Injuries in a Florida Car Accident?

If you or a loved one has recently sustained injuries in a Florida car crash, contact the law firm of Friedman Rodman & Frank. The attorneys at our law firm understand the importance of recovering damages for Florida car accident victims. Florida car accidents can result in severe, lifelong injuries and substantial property damage. At-fault motorists must be held accountable for their actions, and we help injury victims do so. Our attorneys have represented thousands of injury victims against negligent drivers and insurance companies. We have recovered substantial amounts of compensation and insurance settlements on behalf of our clients. Contact Friedman Rodman & Frank at 877-448-8585 to schedule a free consultation with an attorney on our team.

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