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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