Florida is one of the best places where you can find fantastic golf courses. Unfortunately, it is also one of the places where you can find bad drivers. Whenever a Floridian driver gets behind a golf cart’s wheel, an accident is likely to occur. This usually happens when a golfer has taken a few bottles of drinks while on the link.
Golf cart accidents in Florida are more common than expected. This is as a result of the fact that golf cart accidents don’t usually result in severe injuries. Nevertheless, golf cart crashes in Florida are very real, and a lot of golfers in Florida get injured in golf cart crashes every year.
A recent case that was brought up by an injured person (a pedestrian) that was struck by a golf cart showed the challenges a golf cart accident victim might face when filing a claim after the incident.
The Fact of the Case
A lady was working along a road in a residential community when she got hit by another resident that was driving a golf cart. The plaintiff was seriously injured due to the accident, and she filed a claim with the insurance policy of the operator.
Unluckily, the operator was covered by low-limit insurance, and the expenses of the injuries of the plaintiff were more than the coverage. As a result of this, she filed a claim under the underinsured motorist provision of her policy. She did this with the help of a car accident lawyer in Boca Raton.
The insurance policy of the plaintiff contained different types of insurance. The liability policy of the plaintiff covers any accident that has to do with a “trailer or auto.” But the liability policy excludes vehicles that are designed specifically not to be used on public roads. However, that exclusion didn’t include accidents that involve non-owned golf carts. Therefore, any accident that involves a non-owned golf cart was covered by the liability policy of the plaintiff.
The underinsured motorist policy of the plaintiff also provided coverage for mishaps that arise from the use, maintenance, or ownership of the vehicle that is underinsured. Just like the liability policy, vehicles that are designed mainly not to be used on public roads are excluded.
Nevertheless, unlike the liability policy, no exceptions were made for non-owned golf carts. Therefore, the insurance company insisted that since an underinsured motorist claim was filed by the plaintiff, and a non-owned golf cart was involved in the accident, it was not covered.
The court rejected the argument of the insurance company, explaining that under the law of Florida, underinsured motorist coverage must be a reciprocal of liability coverage. Hence, if a crash is covered under the liability coverage of a policy, it must be covered under the underinsured motorist coverage. A car accident lawyer in Boca Raton can help you through this process to ensure you emerge victoriously.