If you were severely injured by a negligent motorist, you may have cause to file a claim under your Florida UM policy (if you have one).
And while UM covers many car accident injuries, it does not pay damages in all situations.
UM—Uninsured or Underinsured Motorist coverage—protects you in the event the at-fault driver either has no insurance, or has insufficient insurance to cover your damages. When you file a claim for uninsured motorist benefits with your insurance provider, that provider “stands in the shoes” of the uninsured motorist.
Your TK Law attorney will help you locate all available insurance to pursue. This includes confirming whether the at-fault driver has liability insurance. If the driver has no insurance or too little insurance to cover the extent of your injuries, then UM coverage will apply.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
What types of injuries will Florida UM cover?
Generally UM insurance covers economic damages such as medical bills, loss of income from missed work, loss of future income and future surgeries or other medical expenses resulting from the automobile accident.
If your injuries meet the “permanent injury threshold” then UM will cover vital non-economic damages which includes compensation for pain and suffering, mental anguish and loss of consortium.
If you have lost a family member or loved one as a result of an uninsured driver’s negligence, then you may be also able to file a wrongful death claim for damages under the UM policy.
Identify all your injuries.
You might think that you are not severely hurt. Yet the devastating and long-term extent of car accident trauma, such as internal injuries, spinal damage, or even bone fractures, may not fully present until weeks or even months have passed.
Representation from an experienced personal injury lawyer is vital in order to obtain the maximum amount of recovery for late-appearing injuries. Your TK Law attorney will ensure you are medically taken care of, and take every action to obtain full and fair compensation for all injuries.
Contact us to discuss your case as soon as possible.
Coverage of Injuries under Florida UM Policies
A whole body of case law has evolved dealing with uninsured/underinsured motorist benefits. Certain conditions surrounding the injuries and the uninsured motor vehicle must be met to file a UM claim.
Every case is different and it is wise to seek out a skilled and experienced lawyer to confirm how insurance benefits will apply in your case.
Below are some basic scenarios:
Causation Must Be Connected to the Uninsured Vehicle
Florida Statutes require that a cause and effect relationship must exist between the uninsured vehicle and the injuries for which you seek UM coverage. In other words, in order for UM to be activated, you need sufficient evidence supporting that injuries sustained in the accident have in some way been caused by the uninsured automobile.
Sometimes causal connections are easily confirmed. Other times it becomes a complex legal matter. If there is any question about the causal connection of your car accident injuries, it is a good idea to have an experienced attorney representing you.
Injuries Occurring Outside of the Automobile
This includes:
- If injured while getting out of a vehicle, the injured party is still regarded as occupying the vehicle;
- If someone is injured when riding in the back of a pickup truck – they are regarded as occupying a motor vehicle;
- An insured changing his own tire may be covered by UM. On the other hand, an insured changing a tire on a broken-down automobile after leaving his own automobile is not covered.
Injuries Caused by Odd Circumstances
Florida case law offers multiple examples wherein Florida UM coverage may or may not apply, depending on differing and peculiar circumstances.
For example:
- A passenger in an uninsured vehicle was severely injured when someone threw a rock that broke the windshield and struck the passenger. The maintenance or operation of the vehicle in which the passenger was riding did not in any way contribute to the cause of the injuries; therefore UM coverage did not apply.
- An uninsured driver collided with a livestock trailer hauling bulls, and the bulls escaped. A nearby person, while trying to run away from the bulls, was injured as a result. The Court found that since the injuries were triggered by the collision, the injury victim was able to file a claim under Florida UM.
Orlando Attorneys Analyze the Complexities of your Injury Case
Be confident that TK Law investigates every aspect of your claim. We take into account how both juries and insurance companies assess your injuries.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
We examine factors in your personal injury case to determine causation, liability, comparative negligence, insurance availability and set-offs, and much more. These and other elements of your case, right down to the lawyer you select, play a part in recovering a favorable settlement offer.
Your insurance carrier does not want you to have an informed opinion. They hope you do not understand your insurance options and settle quickly, which generally means they pay far less than a full settlement.
Call us today to arrange a free consultation for the experienced legal counsel and protection you deserve.