Legal Question in Personal Injury in Florida

Underinsured Motorist Claim
I was a passenger in my own vehicle that was hit by an underinsured motorist. The driver of my vehicle was not at fault.
I am currently negotiating settlement of a UM claim with my insurer. Can I file a claim under the driver's (of my vehicle) UM coverage? We are unmarried, live together, and both have policies (separate policies for separate vehicles) with the same insurance company. The insurance company was advised at the time of policy issuance of this fact.
She was uninjured, my injuries were severe and disabling. The value of my claim far exceeds the value of both of our UM policies.
(you can never have enough UM coverage)
Thanks in advance.
M2

Asked on 5/26/02, 11:15 pm

3 Answers from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

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Re: Underinsured Motorist Claim

Insurance companies market their products by explicitly holding themselves out as fiduciaries, playing on mass expectations of prompt, good faith treatment.

Therefore, Florida permits the recovery of extra-contractual damages when insurers are found to have handled first-party claims in bad faith. These courts recognize that consumers buy first-party insurance for "protection" against catastrophic eventualities, not an unjustified "court battle."

Because of the fiduciary duty imposed on first-party insurers, when this obligation is breached, a distinct tort cause of action arises: bad faith refusal to pay.

Therefore, depending on how your claim has been handled, and the amount of injuries involved, you may be entitled to damages in excess of your policy limit. If you are interested in furhter discussing your claim, feel free to contact me for a free consultation.

Sincerely,

Answered on 5/27/02, 10:31 am

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Michael Tobin Michael M. Tobin, P.A.

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Re: Underinsured Motorist Claim

Yes. I have recovered both UM coverages under similar facts in the past. However, it is necessary to review the specific policy of insurance and research if there are any recent cases in point for an informed answer. You amy also be able to collect on your friends liability coverage despite your conclusion that she was not at fault. You may reach me at 305-445-5475 if you need a free consultation. A demand for policy limits can lead to a Bad Faith claim in excess of policy limits.

Answered on 5/27/02, 1:28 pm

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