Victim’s Insurance Lapses Immediately Prior To Accident

Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

Did you know that if your own car insurance expires prior to the date of the accident, then you can still recover for your injuries from the other person’s insurance? In some states, if a victim fails to carry insurance coverage on the date of the accident, then he or she is forbidden from collecting money for their injuries from the person who caused the accident. However, such is not the case in Florida. In Florida even if your own car insurance lapses prior to the date of the accident, you can still recover money for your injuries and medical bills (bill which would not have been covered by PIP) from the bodily injury coverage of the defendant’s insurance company.

Our client was driving his vehicle on Hallandale Beach Boulevard in Hallandale, Florida. Suddenly and without warning, the defendant, who was driving a rental car, ran a stop sign and collided with our client’s vehicle. Our client suffered injuries to his neck and back. Our client called the Hallandale Beach Auto Accident Attorneys Dell and Schaefer. Our firm quickly signed up the case and began the process of zealously representing our client’s interest.

Client Begins Treatment With A Local Chiropractor

Immediately after the accident, our client sought medical treatment with a local chiropractor. He filed a PIP claim with his own insurance company in order to have the PIP insurance pay their portion of the medical bills. Our client immediately received a denial letter stating that his insurance had lapsed prior to the accident. Our client was unaware that the payment he sent in never arrived to the payment center. Our firm advised our client that it was still ok for him to treat and we would be able to pay the medical bills from any settlements from the bodily injury portion of the defendant’s insurance company. Our client finished the physical therapy regimen with the local chiropractor, went for an MRI, and had an evaluation with an orthopedic surgeon. After all of the treatment was finished, our client was free of pain.

Dell and Schaefer Negotiate A Settlement

Immediately after the treatment was over our firm filed a bodily injury claim with the rental company’s insurance company. Our firm sought monetary damages for all compensatory damages permitted under the law—bodily injury, aggravation of a preexisting injury, pain and suffering, loss of consortium, disability, mental anguish, property damage, past and future medical expenses, lost wages, and impairment of ability to earn future wages. After a lengthy negotiation process, our firm settled the case for an undisclosed amount. The amount was high enough to pay for all his unpaid medical bills, the attorney’s fee, and also put a sizeable settlement in our client’s pocket! Our client was absolutely thrilled that he was still able to recover despite his failure to carry auto insurance.

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