A Car Cut Me Off and Then Drove Away Do I Have A Case Through My Uninsured Motorist Coverage?
-
Upload
richard-bolton -
Category
Law
-
view
121 -
download
2
description
Transcript of A Car Cut Me Off and Then Drove Away Do I Have A Case Through My Uninsured Motorist Coverage?
A Car Cut Me Off and then Drove Away Do I Have a Case Through My Uninsured Motorist Coverage?
1
“A CAR CUT ME OFF AND
THEN DROVE AWAY DO I HAVE A CASE
THROUGH MY UNINSURED MOTORIST COVERAGE?”
Even Though Florida’s Laws Punish Hit-and-Run Drivers, Many Drivers Still
Choose to Leave the Scene of an Accident
A Car Cut Me Off and then Drove Away Do I Have a Case Through My Uninsured Motorist Coverage?
2
Uninsured motorist coverage is very important because of the risk of being
injured in a hit-and-run accident in Florida. According to the Florida Department
Highway Safety and Motor Vehicles, approximately 70,000 hit-and-run accidents
occurred across the state during 2012. Of these hit-and-run accidents, 168
resulted in a fatality. The FDHSMV advises anyone involved in an accident to
follow the CRASH steps:
1. CALL law enforcement.
A Car Cut Me Off and then Drove Away Do I Have a Case Through My Uninsured Motorist Coverage?
3
2. REMAIN calm.
3. ATTAIN vehicle, witness and driver information.
4. SKETCH the scene, showing vehicle crash locations.
5. HELP the injured.
What Is A Hit-And-Run?
In Florida, a hit-and-run (known as leaving the scene of an accident) is defined
as the failure to comply with the statutory requirements to remain at the scene of
an accident that involves a
collision with a vehicle,
person or property. Leaving
the scene of an accident is a
serious criminal offense that
can result in felony or
misdemeanor charges. Even
though Florida’s laws punish
hit-and-run drivers, many
drivers still choose to leave
the scene of an accident. For
the injured party, this is
devastating because they are
left to deal with the medical bills and expenses caused by another driver’s
negligence without having the ability to hold the at-fault party accountable for
their actions.
A Car Cut Me Off and then Drove Away Do I Have a Case Through My Uninsured Motorist Coverage?
4
For motorcyclists, this can be particularly frustrating because automobile drivers
do not keep the proper lookout for motorcycles. Driver will often cut off a
motorcyclist and then keep going as if they did nothing wrong. In some cases,
the motorcyclist is able to regain control of the motorcycle before any damage is
done; however, this is not always the case. In many cases, the motorcyclist is
unable to avoid an accident when he or she is cut off by another driver. When
this happens, the motorcycle rider will often suffer physical injuries in addition to
the property damage to their motorcycle.
Without knowing the identity of the other driver, the motorcyclist is unable to hold
the person responsible for his or her injuries liable for expenses incurred due to
the accident. The result is the motorcyclist suffers financial stress in addition to
the physical and emotional pain from the accident.
A Car Cut Me Off and then Drove Away Do I Have a Case Through My Uninsured Motorist Coverage?
5
However, if the motorcyclist has uninsured motorist insurance coverage, he or
she is able to obtain payment from his or her own insurance company to cover
the medical expenses, lost wages and property damage associated with the hit-
and-run accident.
What Is Uninsured Motorist Insurance Coverage?
Uninsured motorist insurance coverage is a type of insurance coverage that you
can purchase as part of your own automobile insurance coverage. It covers
damages you sustain as the result of another driver’s negligent, reckless or
careless acts when that driver does not have insurance coverage. In other
words, if you are involved in an automobile accident and the driver who caused
the accident does not have
insurance, your insurance
policy will “stand in the place of”
the at-fault driver. Your
insurance company will pay
your medical bills, lost wages
and pain and suffering as if they
represented the at-fault driver.
For example, while you are
A Car Cut Me Off and then Drove Away Do I Have a Case Through My Uninsured Motorist Coverage?
6
riding your motorcycle, a driver cuts you off causing you to wreck. The motorist
drives away without stopping. Another driver stops who sees the accident stops
but he did not get the license plate of the driver who caused you to wreck. The
driver who stopped when he witnessed the accident calls for emergency help.
You are transported to the hospital, you have surgery and you are out of work for
several months while you recover from your injuries.
Because this was a hit-and-run, your insurance company pays for your medical
expenses and lost wages under your uninsured motorist coverage. You also
receive compensation for your pain and suffering and other damages in an
amount that does not exceed your insurance policy limits.
Do I Need An Attorney In A Motorcycle Hit-And-Run
Accident?
Yes, you do need to retain a motorcycle accident attorney if you are involved in a
hit-and-run accident. It is
always important that you
contact a personal injury
attorney as soon as
possible following an
accident; however, it may
be more important in a hit-
and-run accident. Most
insurance companies
A Car Cut Me Off and then Drove Away Do I Have a Case Through My Uninsured Motorist Coverage?
7
require that you provide notice, often within a very short period of time (i.e. 24
hours), and an attorney will know that this must be done. Your insurance
company has the legal right to purse a claim against the other driver and it will
want to begin an investigation immediately. Your attorney will act as the go-
between for you and your insurance company to ensure that all of the
requirements under your uninsured motorist policy are met so that you can
collect compensation.
Furthermore, even though this is your insurance company and you expect that it
will protect your interests and deal with you fairly, that expectation is not always
true. Your insurance company is in business to make a profit just like every other
insurance company. Therefore, you want a motorcycle accident attorney who
will protect your rights to receive fair and just compensation for your injuries.
Contact a North Miami Beach Motorcycle Accident Attorney
If you are involved in a hit-and-run accident in the North Miami Beach or Fort
Lauderdale area, contact the experienced motorcycle accident attorneys at
Bolton & Gross. Our North Miami personal injury attorneys have extensive
experience handling uninsured insurance claims and motorcycle accidents.
Call 954-526-9479 or complete our online contact form to schedule your free
consultation. You do not pay attorney fees or costs until and unless we get you a
settlement for your injuries.
A Car Cut Me Off and then Drove Away Do I Have a Case Through My Uninsured Motorist Coverage?
8
Sources
Florida Department of Highway Safety and Motor Vehicles
A Car Cut Me Off and then Drove Away Do I Have a Case Through My Uninsured Motorist Coverage?
9
About Bolton & Gross
Richard Bolton and Mitchell Gross have been practicing together for approximately 20 years. Initially, the firm was focused on representing insurance companies, their insureds, self insureds, and Fortune 500 companies. At that point, Bolton and Gross represented these entities as defendants. We took many cases to trial on behalf of these entities as defendants.
Over the years, we learned how insurance companies and self insured corporations handled their legal matters. They showed no compassion to the injured parties and would go to all lengths to win a case. This type of work left us totally unfulfilled.
Approximately 10 years ago we changed the focus of our practice. We now represent, exclusively, the injured parties. We use our experience representing the defendants to obtain the maximum possible recovery for our client.
At Bolton and Gross we view each case individually. We realize each and everyone of our clients are people who have different needs and different motivation, etc. We try to advise our clients as to their possible decisions and do everything we can to get them the best recovery that is consistent with their desires.
Here at Bolton and Gross we provide our clients with compassionate, aggressive, and individualized
representation.
Bolton & Gross
bglawpa.com
801 NE 167th Street 2nd Floor
North Miami Beach, FL 33162
Phone: 305-653-8223
7800 W. Oakland Park Blvd, Building B Suite 104
Sunrise, FL 33351
Phone: 954-640-0178