Miami Attorneys Settle Case Despite Insurance Company’s Bankruptcy


When somebody hits you on the roadways and you are injured, the person who hit you should have insurance. It is from this insurance policy of the other driver that you can recover compensation for your injuries. Sometimes, however, the other driver will not have insurance. This will make things more difficult. Equally as vexing is the situation where the insurance company of the other driver goes bankrupt. In this predicament, you may feel that there is no way for you to recover compensation for your injuries.

This isn’t always true. When an insurance company goes bankrupt, oftentimes a state-sponsored insurance company will step in and grant compensation in place of the original insurance company. The following story illustrates the point.

Miami Car Accident Results in Shoulder Injury

Our client was a 55-year-old man. At the time of his accident, he was driving on Florida’s Turnpike. At some point, out of the blue, a vehicle approached our client traveling at approximately 70 miles per hour and slammed into the rear of our client’s vehicle.

Our client immediately began to feel pain in his shoulder, neck and back. He went directly to the office of a local chiropractor. The chiropractor took some x-rays of our client’s neck and back and referred him to an orthopedic surgeon in the area.

Within weeks, our client was in the office of the orthopedic surgeon. That doctor examined our client and ordered an MRI of his shoulder. The MRI results revealed that our client had sustained a labral tear. The surgeon told our client that he would need to undergo an arthroscopic surgery on his shoulder. Our client shuddered at that possibility.

Nevertheless, within weeks, our client underwent the procedure. The whole process clearly wasn’t easy for our client, physically or mentally. One day, he was simply driving peacefully on the Turnpike; the next, he had a destroyed shoulder requiring surgical treatment.

Miami Car Accident Lawyers Dell and Schaefer Settle Case for $74,900

After our client’s shoulder procedure, he was in communication with the insurance company for the driver that hit him. Our client hoped that he would be quickly compensated for his injury (including his medical bills, pain and suffering, etc.). Nevertheless, our client was disappointed to learn that the insurance company for the other driver had gone bankrupt. There appeared to be nothing that could be done.

As a last ditch effort, our client contacted Miami Car Accident Attorneys Dell and Schaefer. We told our client that there still was hope. After all, in the State of Florida, there existed a state-sponsored insurance company that would step in and provide compensation for injuries when other private insurance companies failed.

With a renewed sense of hope, our client hired us to represent him on his case. We got in touch with the state-sponsored insurance company. On behalf of our client, we argued that our client was an avid fisherman. After the accident, he was no longer able to fish as easily because of his shoulder. He couldn’t cast the line or do any of the necessary maneuvers to catch a fish. This wasn’t a minor thing to our client. Gone was the activity that gave him more pleasure than any other.

As a result of these arguments, we were able to settle our client’s case for $74,900. Our client was very happy with the result. In spite of the fact that the insurance company for the defendant had gone bankrupt, the justice system hadn’t failed our client — and he was now adequately compensated.

If you are hit on the roadway by a driver without insurance, without adequate insurance or with problematic insurance (e.g., an insurance company that goes bankrupt), don’t lose hope. There are ways around these problems. At Dell & Schaefer, we know these ways. We’ve been dealing with these issues for years. Contact us and we will make sure you receive the compensation you deserve.



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