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Accidents with an Uninsured or Underinsured Motorist


If you’re in a car accident, one of the first things you should do is ask the other driver for his or her insurance information. But what if the other driver doesn’t have car insurance?

According to the Insurance Information Institute, Florida has one of the highest percentages of uninsured motorists. In 2012, Florida ranked second, with almost one in four drivers not having insurance. That means millions of Floridians are driving without insurance, which could be financially devastating for all parties if an accident happens.

Another problem is underinsured drivers, who only have the bare minimum of personal injury protection and property damage liability.

Examples of Insurance Companies Allegedly Mishandling Uninsured Benefits Claims

An Osceola County woman recently filed a lawsuit against Progressive American Insurance Co. alleging that the company didn’t properly handle her claim for uninsured motorist benefits.

The woman was involved in a car accident in January 2014 with an uninsured driver. The woman allegedly suffered physical injuries, incurred medical expenses and lost wages. She filed a claim for uninsured motorist benefits (in accordance with her insurance policy) with Progressive, which the woman alleges failed to settle her claim.

A Titusville man also filed a recent lawsuit against his insurance company, State Farm Mutual Automobile Insurance Co., alleging that the insurer was obligated to compensate him for his underinsured motorist claim.

The man was involved in an accident with an underinsured motorist in 2015. He allegedly suffered physical injury and disability, incurred medical expenses, lost wages and lost his capacity for enjoyment of life. He alleges that State Farm is obligated to compensate his claim under this underinsured motorist insurance policy.

Uninsured and underinsured motorist insurance coverage can be complicated, which is why you should always consult an experienced attorney before purchasing a policy or if you are involved in an insurance dispute like the two examples described above.

Types of Uninsured/Underinsured Motorist Coverage

There are two types of uninsured/underinsured motorist coverage: split limit and combined single limit. Split limit, which is the most common type of coverage, pays a certain amount for each injured person and a total amount per accident for all injured persons. Combined single limit means that a single dollar limit applies to any combination of physical injury and property damage claims.

Moreover, your policy might also cover family members, even if they weren’t riding in your vehicle. It might also cover passengers in your vehicle (family and non-family). It typically covers all types of accidents, including hit-and-runs.

Contact Us Today

If you are interested in purchasing uninsured motorists coverage, or if you need help understanding your policy, or if your insurance company doesn’t properly handle your uninsured motorist benefits claim, or if you are involved in an accident with an insured driver, The Pendas Law Firm can help. Contact one of our Orlando insurance attorneys today for a free consultation.

The Pendas Law Firm also represents clients in the Jacksonville, Fort Myers, Tampa, Miami, West Palm Beach, Fort Lauderdale, Daytona and Bradenton areas.





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