Aug 18

Insurance Company Ordered To Cover Accident Victim’s Claim After Court’s Reversal

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Insurance Company Ordered To Cover Accident Victim’s Claim After Court’s Reversal

In Florida, dealing with insurance companies can be very difficult especially if you have been injured in a South Florida car accident. In some cases, these companies can come out boldly to outrightly deny claims while in other cases, seek out meager ways to settle claims.

Earlier this month, a written opinion was issued out by an appellate court in an automobile accident that involved a passenger’s claim against the uninsured motorist protection policy of a driver. The insurance company had denied the claim of the accident victim stating that she wasn’t occupying the vehicle as at the time of the accident. But the court declared that the woman was improperly denied coverage and further mandated the insurance company to cover her claim.

How it began

The plaintiff and a friend were on their way to the grocery store. Not long after they had pulled into the parking lot that she heard a loud bang. Soon she discovered that there had been a collision between two cars on an adjacent road. The plaintiff stepped out of her friend’s car to see for herself what had happened.

In a bid to obtain the license plate number of one of the cars involved in the crash, she walked around the back to see for herself. It was while she was looking at the license plate that she got injured. The plaintiff was struck by one of the wrecked cars when an entirely different vehicle came crashing into them.

Initially, a claim was filled through a Florida injury attorney by the plaintiff. She filled it against the insurance company of the third driver involved in the accident. This was the driver who crashed into one of the cars. Unfortunately, the driver’s policy failed to completely cover her claims. So she went ahead to file a claim against her friend’s insurance policy which was denied because the company determined that as at the time of the accident she wasn’t occupying the vehicle.

With the help of an auto accident lawyer, the plaintiff successfully got the ruling of the lower court reversed. This was done on appeal. Though the plaintiff was not physically present in the car at the time of the accident, the appellate court determined that her injuries occurred in a manner that suggested she was an occupant of the vehicle.

According to the court, the plaintiff was still technically mid-trip when the event that made her exit the car occurred. The court explained that the plaintiff was still in the car when the accident occurred as she had not yet stepped out of the vehicle to go into the store. Her car accident lawyer also brought other considerations to the table which made the court reverse the decision of the lower court.

If you’ve been recently injured in a Florida car accident, you need the services of an auto accident lawyer as you may be entitled to monetary compensation. Even if it’s a loved one, you can still file a claim.

Most insurance companies are not willing to consider even the most seemingly meritorious claim. No one knows the worth of your claim better than a Florida injury attorney. You don’t have to subscribe to a lowball offer from an insurance company.

Contact a dedicated car accident lawyer today who will not let your case go away for as little as possible.