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Posts Tagged "Underinsured"

Huge Palm Coast Crash, Multiple Kids Injured. Who Will Pay For Damages?

Posted by on Jan 16, 2015 in Motor vehicle accidents

Huge Palm Coast Crash, Multiple Kids Injured.  Who Will Pay For Damages?

Approximately twenty-five people were injured in a major T-bone collision that occurred on Whiteview Parkway at Ravenwood Drive in Palm Coast.  According to the clickorlando.com website, a Flagler County school bus carrying 42 students was headed to Buddy Taylor Middle School when a Mazda automobile suddenly showed up directly in front of the bus.  Apparently, the Mazda has been sitting at a stop sign when it was rear-ended by a Subaru at a high rate of speed.  The force of the impact was enough to propel the Mazda across the intersection and directly into the path of the bus. The impact was significant.  The bus driver was reported to initially be trapped in bus.  Several people, including some students and the drivers of both automobiles were taken by ambulance to the hospital.  The remainder of the injured were transported by another school bus to the hospital.  Most of the students were treated and released, however several students, and all three adults remained in the hospital through the following day – at least one in critical condition. It seems clear that the majority, if not all, of the fault for this accident lies with the driver of the Subaru who forced the Mazda into the intersection.  However, based upon the number of victims involved — somewhere in the neighborhood of 20 — and that nature of some of the reported injuries, it is unlikely that the driver of the Subaru will have adequate liability insurance to properly respond to all of the claims for damages that may be presented as the result of this negligence.  Unless the owner of the Subaru is independently wealthy, or just won the lottery, it is unlikely that anyone injured in this crash would benefit from pursuing the driver of the Subaru personally. This unfortunate incident is a perfect example of why everyone who drives or owns a vehicle in Florida should carry as much Uninsured/Underinsured Motorist coverage as part of their automobile insurance package.  In this Palm Coast accident, each of the children who were injured in this crash, and lived with a relative who carried Uninsured/Underinsured Motorist coverage, would have access to UM benefits if their injuries are considered permanent.  Without Uninsured/Underinsured Motorist coverage it is unlikely that any of the children will receive any kind of fair compensation for their injuries. Uninsured/Underinsured Motorist coverage is designed to be a substitute for the liability coverage that the negligent driver should have carried. Of course, it is our hope that all 25 people injured in the crash make speedy recoveries, and never need to access UM coverage.  However, it is great to have it just-in-case. If you have any questions regarding a Florida car accident, or how Florida Uninsured/Underinsured Motorist coverage works, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901.  Consultations are always...

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Did FHP Pursuit of DUI Driver Lead To Orlando Crash With Serious Injuries?

Posted by on Sep 25, 2013 in Motor vehicle accidents

Did FHP Pursuit of DUI Driver Lead To Orlando Crash With Serious Injuries?

There is absolutely no debate that people who drive under the influence of alcohol (DUI) make the roads dangerous for everyone.   This point was driven home for me when I saw this story about a horrific crash that happened on S. Orange Blossom Trail in Orlando early Wednesday morning. video platformvideo managementvideo solutionsvideo player As an Orlando car accident attorney, a crash like this one presents a host of legal issues that may have serious consequences to the victims of this crash. For example, under normal circumstances, the people injured by the idiotic actions of the accused drunk driver, James Maddux, would have bodily injury liability claims for damages against him.  However, because he presented a fake drivers’ license to he FHP at this DUI checkpoint, something tells me that he is not going to have insurance.  Hopefully, he was a permissive user, and the Toyota Prius he was driving was owned by somebody who had insurance. I also hope that his passenger, Zachary Poirrier, as well as the injured people in the other vehicle, including Terris Byrd, either had Uninsured/Underinsured Motorist (UM) coverage, or were resident relatives of people who had UM coverage.  Residency — for purposes of establishing UM coverage — can often present complex legal problems. Finally, I would be curious to know exactly what FHP’s pursuit policy is when it comes to DUI suspects.  According to the media, Mr. Maddux avoided a checkpoint some distance away from where this significant crash occurred.  It would be interesting to know how many additional lives were put at risk by FHP’s decision to engage in a high-speed pursuit of Mr. Maddux.  If FHP violates its own policy, it would seem that FHP could have exposure to damages. Accidents like this one can be complicated for the average accident victim.  If you have any questions following a Florida car accident, and especially one involving a drunk driver, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Failing To Ask Permission Before Settling Your Florida Car Accident Case Could Cost You Thousands | Orlando Accident Attorney

Posted by on Aug 28, 2013 in Motor vehicle accidents

Failing To Ask Permission Before Settling Your Florida Car Accident Case Could Cost You Thousands | Orlando Accident Attorney

I thought it would be worthwhile to share this post from Virginia accident attorney, Ben Glass.  Ben talks about having to break some bad news to a potential client after learning that she settled her underlying claim against the at-fault driver without seeking permission from her own insurance carrier.  By his estimate, the woman lost $100,000 by making this mistake. Florida law works very similarly, as it applies to settling car accident claims.  If you have Uninsured/Underinsured Motorist (UM) coverage on your automobile, and you have any inkling that you may need to make an Underinsured Motorist claim arising out of your car accident (i.e. if you think your overall damages might be more than the liability insurance the at-fault has), you must seek the permission of your automobile insurance company to resolve your claim.  Section 627.727, Florida Statutes, sets out the specific manner in which permission must be sought. If you don’t know, or forget, to seek permission from your UM carrier, and you sign a Release with the at-fault driver’s carrier, you will most likely forfeit your ability to make any UM claim.  In a situation like this one, Ben Glass is right — the least you can do is call an experienced Florida personal injury lawyer just to make sure you are not making a mistake. If you have any question after a Florida car accident, call Winter Park personal injury lawyers Kim Cullen and Robert Hemphill at 407-254-4901, or order a FREE copy of Kim’s book, Asleep At The Wheel:  13 Mistakes The Insurance Company Desperately Hopes You’ll Make After Your Florida Car Accident by clicking...

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