Davie Auto Accident Victim Receives $30,000.00 From Her Insurance Company Under A Policy Coverage She Never Purchased
Did you know that if your insurance carrier fails to have their customers sign a formal rejection of uninsured motorist coverage, then the insurance company has to provide that coverage to you? Let’s take a look at what happens.
The victim, a 20 year old student, was a back seat passenger of a van in which her and approximately 6 of her friends were traveling in. The driver of the van was intoxicated and lost control of the van when exiting the highway. The driver drove the van into the grass causing the van to flip over. The driver, the front passenger and one of the backseat passengers died on the scene. Fortunately, the victim survived the accident with only a slight fracture to her arm. The owner of the vehicle was ultimately responsible to pay all the insurance claims. The owner of the vehicle had an insurance policy with GEICO insurance for $10,000.00 per person with a maximum benefit of $20,000.00 per accident. Because the driver of the vehicle was at fault, he was barred from recovery. As required by law, GEICO paid out $10,000.00 to the estates of each of the other two friends who died at the scene of the accident which exhausted the policy limits. That meant that the victim would not recover anything from the GEICO settlement.
Victim Hires Dell & Schaefer to Represent Her for Her Injuries
The victim called every attorney in the telephone book and each law firm declined to take on the case. As she was about to give up hope, a friend of hers informed her that she recently settled a case with Dell and Schaefer and was very happy with the results from the settlement. As such, the victim tried one last time to retain an attorney. She contacted the Davie Auto Accident Attorneys Dell and Schaefer. Our attorneys listened very closely to the details of the accident. The victim was asked if she purchased an insurance coverage called “Uninsured Motorist” on her policy of insurance with Progressive Insurance. She was unable to remember if she had purchased the coverage. As such, our firm accepted the case and immediately made a discovery request seeking the documents our client signed when she purchased insurance from Progressive Insurance. Progressive Insurance forwarded all the signed documents to our office. After carefully reviewing all the paperwork, our firm determined that Progressive Insurance failed to acquire a signed rejection form for Uninsured Motorist benefits.
Dell and Schaefer Files A Claim For Failure To Provide A Signed Rejection Of Uninsured Motorist
Under the law, if a policy holder does not specifically reject Uninsured Motorist, then the insurance company must provide that coverage at no cost. Our firm immediately filed a claim with Progressive Insurance demanding a payout for Uninsured Motorist benefits. Additionally, our firm argued that not only was Progressive Insurance responsible to pay $10,000.00 for failure to acquire a signed rejection form for the car our client owns, but that Progressive Insurance was required to pay $10,000.00 for each car listed on the policy as well (this is known as Stackable Uninsured Motorist Coverage)! Since our client had three cars on the policy, each without signed Uninsured Motorist Rejection Forms, Progressive Insurance agreed with our position and tendered out $30,000.00 to our client! After hearing the news, our client was absolutely delighted that our firm was more knowledgeable of the law than the other firms she called, and she was absolutely thrilled that we went the extra mile to be sure that Progressive Insurance properly paid out the claim for failing to present formal rejections of Uninsured Motorist Coverage. And to top it all off, our client received the benefit of Uninsured Motorist when she never even paid for it!
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4 comments
I had an accident on 01/20/2014. I also have Progressive, my car was totaled the person who hit me ran a red light. There were no witness at all, we both were taken to the hospital. I had hit my head on the steering wheel & had pain from my head to my side. I was hit on the driver’s side. while in the ambulance I was told that I was going to receive morphine for the pain. The paramedic asked me if there was someone I need to call, i said yes. When I got to the hospital, again I received more morphine for pain. I got xrays done and taken back to the room. When my boyfriend arrived I told him to call Progressive and tell them what happened. Because I was hooked up to an IV and in pain he told me that the adjuster wanted to talk to me. I told him to tell them that I was not able to talk right now. The morphine was not releaving the pain so the nurse gave me another painkiller that started with a – (d) that seem to help. After awhile a police officer arrived giving me a citation for not having a driver’s license. To make a long story short I got blamed for the accident by Progressive, because he ran and got a lawyer and he got a cut to his head. Come to find out he did not have auto insurance at all, I did have uninsured motorist coverage, there were two of them. What makes it really bad, the adjuster did not once ask me how I was doing or if I got injured. I guess because the person that hit my car lied about having Progressive insurance and lied about the accident – had a drivers license and had a lawyer.
Rosyln,
It does not matter what the police report says if there were no eye witnesses. As long as you have uninsured motorist coverage you have a right to make a claim against your own company. If you would like assistance with your claim, please contact us. We deal with your exact situation daily.
I was hit and my car was totaled out by an uninsured drunk driver. He was arrested at the scene and released later. They, of course, can no longer locate the driver. I got a lawyer to handle my case. I was told I had to file an uninsured motorist claim with my insurance, Progressive. The property damage portion was handled quickly. Luckily I had GAP insurance. I only had my car for 6 months before the accident. After Progressive paid and my HAP paid, I still owe about $190 on the totaled car. Now that the personal injury is coming into play, it’s getting crazy. I was under chiropractor care for about 6-8 weeks.
Progressive is now saying that because my mother lives in my house, her insurance company is partly responsible for my injury claim! Keep in mind, I’m 36 years old. I have my own car and own insurance. My mother was not involved in the accident at all. It took place in a whole other city. I was not in her car. I am not listed on her insurance in any way and she is not listed in mine.
How is this suggestion even feasible and how is that not insurance fraud. I can’t go to the doctor under my mom’s medical insurance, so how would I file a claim for an accident she had no part in? Is Progressive just giving my lawyer the run around and trying to draw this thing out? I live in NC. I have never heard of this before. I have been stressed out, developed a migraine, and my back and neck are aching all over again, thinking about this.
Hi Shameka. We are sorry to hear about what you are going through. Is your mother listed as part-owner of your vehicle? Are you listed as part-owner of her vehicle? Are you listed as a permissive driver on your mother’s insurance? Is your mother listed as a permissive driver on your insurance? These are some important questions as it relates to your case. Please feel free to call us should you have any other questions.