Legal Question in Personal Injury in Florida

I was hit by a drunk driver. His insurance company paid the policy limits and now I have filed a claim against my insurance company for underinsured motorist coverage. Are they required to act as if the other guy did not have coverage? Florida


Asked on 10/02/10, 10:32 am

3 Answers from Attorneys

Melvin Wright Colling Gilbert Wright & Carter

This could be a bit complex and you need an attorney to review all your insurance policies and paperwork. For example, generally your UM carrier must give permission for you to release the driver and his company before you accept their policy limits. There are exceptions and you should have an attorney review everything for you.

www.TheFloridaFirm.com

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Answered on 10/07/10, 10:39 am
Michael Tobin Michael M. Tobin, P.A.

The amount of your UM coverage acts in excess of the money you collected. For example; if you received a jury verdict of $30,000 and collected $10,000 from the other party, you would only receive $20,000 from your company. Its only fair and common sense.

Michael M. Tobin

305-305-3351

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Answered on 10/07/10, 11:06 am
Leland Garvin Garvin Law Firm

They wouldn't be acting as if didn't have any insurance but instead that he didn't have enough insurance to properly compensate you for your injuries. In other words, the would pick up paying the bill where he left off...

You need to look at your insurance policy very closely... If you already signed a release and cashed the check could be in trouble as most un/underinsurance policies require that you get approval from them before you release the other driver.

feel free to give me a ring if you would like to chat further, I have a copy of most Florida auto insurance companies in my office..

take care,

-Leland

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Answered on 10/07/10, 8:28 pm


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