Legal Question in Insurance Law in Florida

Car insurance claim denied

I'm a 22 year-old woman in Sarasota, Florida. This past Monday evening I was in a very bad car accident. I was going 45 mph on the highway (in the left lane), and a man in an SUV who was making a left turn from a side street came out directly in front of me, oblivious to traffic. I slammed straight into his driver's side, and my car is now totaled. He received a ticket for failure to stop at a stop sign. I have bruises all over me from my airbags, and my neck, chest, and back are killing me from the impact.

He has Progressive insurance. I filed a claim, assuming the damages would be paid since it was clearly his fault. He admitted immediately that it was.

His Progressive agent just informed me that this man was delivering a pizza at the time of the accident, and therefore, they are denying my claim.

I had just bought my car (a 2000 Toyota Corolla) for $3,600. I now have no car, very little money with which to buy a new one, and am injured.

Can I sue Progressive? I assume that would be a waste of time. What about the man? Or perhaps the pizza chain that employed him - and allowed him to make deliveries without making sure his car insurance coverage included business use?

Please help!


Asked on 9/25/08, 5:31 pm

2 Answers from Attorneys
Louis Lozeau Wright, Ponsoldt & Lozeau, Trial Attorneys, LLP

Re: Car insurance claim denied

You do have recourse against the pizza company, the driver, and possibly Progressive. If you would like to discuss this matter, please feel free to call me.

Lou Lozeau

772.286.5566

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Answered on 9/26/08, 11:08 am
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Car insurance claim denied

If you have collision insurance you should file through your carrier for your property damage, otherwise you will likely have to go directly against the driver. However, there is a good chance that if he is delivering pizza he problem has no money to pay you. Also, look to the owner of the vehicle if different than the driver.

Your PIP will cover your immediate medical needs, but you should contact a Personal Injury attorney to discuss your options with you. They may also be able to help with the property damage. Truthfully, a review of the other drivers' insurance policy is needed to determine their obligation to cover. There is also the possible responsibility of the pizza place.

Use a free consultation or two and talk to an attorney tomorrow.

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Answered on 9/25/08, 6:00 pm


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