Legal Question in Insurance Law in Florida

Auto Accident

18 yr. old daughter was a passenger in mother's car. car was being driven by daughter's boyfriend. boyfriend swerved to avoid head on collision. lost control of vehicle. daughter critically injured. do i sue under uninsured motorist provision, bodily injury provision, or both.


Asked on 11/03/07, 9:24 pm

3 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Auto Accident

These can be extremely difficult cases depemding on the uninsured motorist coverage amount and the injuries. The boyfriend's insurance would apply in the first instance, then the UM insurance -- but you can't settle the BI claim without the UM carrier's permission or you risk losing that coverage. You will have lien issues as well that are usually almost impossible to handle without a lawyer. Your daughter is a minor, so you will also need court approval and a guardian ad litem. You should contact a lawyer immediately. I would be happy to speak withyou about your options or you can e-mail with any questions that you have.

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Answered on 11/03/07, 9:38 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Auto Accident

Either the boyfriend or the car he avoided is liable. If the boyfriend, he is covered under your insurance since he was driving your car, or under his own,or both. If the other vehicle, it is uninsured motorist coverage. Neither is likely to account for much in dollars, but, you should make a demand against each policy for policy limit. Beyond that, this terrible tradegy will not be compensible.

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Answered on 11/04/07, 1:40 am
David Slater David P. Slater, Esq.

Re: Auto Accident

Simple, daughter sues mother and boyfriend. The liability insurance carrier for the car will defend. You may also sue the owner/driver ofother car, if you have the information.

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Answered on 11/04/07, 7:38 am


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