Broward Accountant settles UM claim after filing lawsuit against his own auto insurance company
Author: Attorney Jason Macri
A 60 year-old Broward County accountant recently settled his Uninsured/Undersinsured motorist (UM) claim against his own auto insurance company for the $100,000.00 UM policy limits after fracturing his index finger in a car crash. The person who caused the crash did not have bodily injury (BI) coverage on their auto insurance and therefore, was considered uninsured from a liability coverage perspective.
In Florida, drivers are not required to carry bodily injury coverage on their auto insurance policies. This means that a Florida driver can technically satisfy all insurance requirements issued by the State of Florida and legally drive a vehicle on Florida’s roadways without having the type of coverage that would help compensate a person who might be injured by them in a car crash. Clearly, Florida’s Auto Insurance laws are lacking because they do nothing to protect innocent drivers, passengers and pedestrians who become injured by negligent drivers.
Unfortunately, our client was one of those people who became injured because of the negligence of another driver and yet had no ability to get compensated from the negligent person’s insurance company. Luckily, our client previously purchased uninsured/underinsured motorist (UM) coverage on his auto insurance policy and therefore, he was able to make a claim for his injured against his own auto insurance policy.
Our firm demanded the $100,000.00 UM policy limits based on our client’s fractured index finger. Our client’s insurance company did not feel that his injury warranted a tender of the UM policy limits and instead, they offered $45,000.00 to settle. We rejected the offer and filed a lawsuit against the insurance company.
Several months into the litigation, the insurance company decided it did not want to try and fight this lawsuit any further and instead, tendered the $100,000.00 UM policy limits. This settlement enabled our client to pay all medical bills related to the fractured finger and also get reimbursed for all losses related to the crash, including reimbursement for the pain and suffering he endured as a result of fracturing his finger.