Uninsured and Underinsured Motorist Coverage
I recently saw an article regarding an insurance coverage dispute in Kentucky. An insured motorcyclist wrecked her motorcycle after nearly colliding with a horse-drawn buggy. The buggy was uninsured and so the motorcyclist made a claim for $50,000 against her own insurer, Progressive, for uninsured motorist benefits. Progressive denied her claim and the denial was litigated eventually making its way to a Kentucky state appeals court. The appeals court upheld the decision to deny benefits on the basis that a horse-drawn buggy does not qualify as a motor vehicle. This was based on the definition of a “motor vehicle” as that term is defined in the Progressive insurance policy as well as the Kentucky Vehicle Reparations Act.
This decision brings to light an issue that needs to be considered because of the huge number of uninsured and/or underinsured drivers we have in Florida, as well as the variety of vehicles—be it electric scooters, bicycles etc—we have on our roadways. Most people are family with insurance coverage for bodily injuries that is contained in an auto policy and provides coverage to third parties if there is an accident and personal injuries. Unfortunately, many drivers in Florida have the minimum bodily injury coverage or no insurance at all. That means there may be no money for you to recover from the at-fault party in the event of an accident, which could involve severe injuries. Underinsured/Uninsured Motorist Insurance Coverage is an important type of insurance coverage that we recommend all drivers ensure they have. It comes in to play when an at-fault driver has no coverage or insufficient coverage. Underinsured/Uninsured Motorist Coverage allows you to recover money from your own insurance carrier under certain circumstances involving an accident with an at-fault driver who does not have adequate bodily injury coverage to cover your damages.
As with all accident claims, Underinsured/Uninsured Motorist claims have specific requirements and procedural steps that need to be taken properly. So, it is important for you to understand your rights in the event you are involved in a serious accident with injuries. The attorneys at Freidin Brown, P.A. have extensive experience litigating motor vehicle accidents claims, including claims for Underinsured and Uninsured Motorist Coverage. If you have been involved in an accident and think you may have a claim and need legal counsel, please contact our offices to speak to one of us. We are here to help!