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A Personal Injury, Workers' Compensation and Defense Base Act Law Firm Fighting for the Injured.

Articles Tagged with underinsured motorist

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Florida Law Requires Car Insurance BUT not Bodily Injured Liability insurance 

There is a minimum amount of insurance coverage that drivers in Florida must purchase. Florida law requires a driver to be insured for, at a minimum: 

  • PIP or personal injury protection in the amount of $10,000 per person. 
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Many car accident victims assume that in order to be able to pursue benefits from their insurance company, they actually have to be driving their own car or riding in their car as a passenger.  When it comes to getting your insurance company to pay for your injuries, this is not always true!

outsidecarLet’s say you’re helping your friend move.  As you’re unloading furniture and packages from the back of your friend’s truck, the truck starts rolling backwards and knocks you over, causing an injury. Most people in that situation wouldn’t even think of pursuing benefits from their uninsured motorist coverage, but in this case, the law is on your side!  If you are injured by another car in motion, even if you’re not in the car, you could be entitled to UM benefits where the car that hurt you is underinsured or has no insurance.

You can also pursue uninsured motorist or underinsured motorist benefits if you are in an accident while riding in someone else’s car.  If you are riding somewhere with your friend in your friend’s vehicle and you are involved in a hit-and-run accident where the other car flees the scene, your UM coverage will pay for your injuries. Continue reading →

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This firm maintains that it is critical to know if you have to repay a worker’s compensation lien from uninsured or underinsured motorist proceeds.  Per the case of Volk V. Gallopo, 585 So. 2d 1163.(Fla. 1st DCA 1991), a workers’ compensation lien is only payable from the liability proceeds, not the uninsured motorist proceeds.  See also Florida Statutes, Sections 440.39 (3)(a) and 627.727(1).  The only exception is where the UM paid its money to replace the liability proceeds so it can subrogate against the tortfeasor.  See Metrix South v. Rose, 758 So. 2d 1259 (Fla. 1st DCA 2000).  The applicable statutes presently in effect are included for ready reference.   Continue reading →

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