As a longtime Fort Lauderdale car accident lawyer, I’ve sadly seen viable damage claims undermined because the person involved made some missteps early on. And it’s understandable – you’re traumatized, maybe disoriented, and possibly overwhelmed.

That’s why it’s always a good idea to contact a personal injury lawyer as soon as possible after a crash, particularly one that involves serious injuries. We’ll help walk you through every aspect and fight for you to receive full and fair compensation.

Note that while Florida is a no-fault state when it comes to car accidents, that does not mean you’ll only be dealing with your own insurance. If your injuries are serious and the other party was at-fault, there’s a good chance you’ll be able to step outside the no-fault system and file a claim against the at-fault driver’s insurer.

Top 4 “Don’ts” After a South Florida Car Accident

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1. Don’t drive away. If you panic and leave the scene of an accident, you could be failing to collect key evidence for a future claim. Not only that, it could be a serious crime. F.S. 316.027 makes leaving the scene of a crash involving death or injuries a third-degree felony (at minimum), which carries a 5-year prison sentence. Now this provision is geared toward the at-fault driver in a crash, but the statute does not specify that – in large part because it may be impossible for the parties on scene to ascertain “fault” in the immediate aftermath. Therefore everyone needs to stay on scene. Leaving could substantially undermine if not eliminate your chances at filing a claim, it could open you to criminal consequences.
2. Don’t discuss the crash with others involved. Don’t talk about the crash on the scene with anyone except law enforcement. Statements you make to police after a crash are likely privileged, meaning they can’t be used against you later. (That doesn’t apply to all statements, nor factual findings by the officer.) However, if you talk to someone else about what happened, that person could testify against you. This includes statements like, “I’m so sorry,” or “I just didn’t see you.” It’s a natural inclination of many to apologize to another if they see they are hurt, even if they aren’t the one responsible for that pain. But in the context of a crash, such statements could be used against you later if you try to pursue a claim for damages.
3. Don’t forget to collect information. You may be reeling in the aftermath of a crash, but if you’re able, don’t forget to collect basics from the other driver. These include: Name, address, cell phone number, driver’s license number, license plate number, the name of their auto insurance company and their auto insurance policy numbers. You’re going to need this information for your own insurance company, even if all you do is file a no-fault claim for personal injury protection (PIP) coverage. It’s also a good idea to take some pictures and/or video and get contact information from any witnesses or bystanders.
4. Don’t underestimate how badly you’re hurt. In the aftermath of a crash, you may be running on adrenaline, and therefore “feel fine.” But you could be more seriously hurt than you realize. This is especially true of head injuries and soft tissue injuries. Even if you think you’re Ok, it’s a good idea to get checked out by a doctor as soon as possible afterward just to be sure. The longer you wait between the time of the crash and seeing a medical provider, the lower your chances of proving your injuries were connected to the crash.

DO contact an experienced Broward injury lawyer as soon as possible after a crash, particularly if you’ve suffered serious injuries. The Florida statute of limitation for filing such claims was recently shortened by lawmakers, so it’s important to act as quickly as possible. Even if you aren’t sure whether you have a claim, we can help you determine if you do and what your next steps should be.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Crash and Citation Reports & Statistics, Florida Department of Highway Safety and Motor Vehicles

More Blog Entries:

Why Broward Car Accident Lawyers Are Reluctant to Represent Both a Driver & Passenger, Jan. 8, 2024, Fort Lauderdale Car Accident Lawyer Blog

Defining a Conflict of Interest

As noted in Florida Rules Regulating the Florida Bar 4-1.7, some ethical conflicts of interest for lawyers exist when:

• The representation of one client would be directly adverse to another.
• There’s substantial risk that representing one or more client would be materially limited by the lawyer’s responsibilities to another client, former client, or third person by a lawyer’s personal interest.

Such conflicts can sometimes be waived if the lawyer believes they can provide competent and diligent representation to all clients, the representation isn’t barred by law, and each affected client gives informed consent.

When Interests May Conflict for Broward Car Accident Victims

When it comes to Broward car accident cases, the most obvious conflict of interest would involve representation of one driver suing another for negligence. That would likely never happen.

Similarly, it’s highly unlikely a Broward car accident lawyer could ethically represent both an injured passenger and the driver being sued for the negligence that caused the passenger’s injuries.

Where the lines become a bit more blurred is when two people in the same crash are suing a third party for negligence that caused both their injuries. For example, it might make sense for two family members injured in the same car accident to hire one lawyer if the other driver was mostly if not entirely at-fault. This is particularly true if you’re a parent of minor children.

However, it’s important to understand that if a driver and passenger suing the same driver for the same act of alleged negligence, a conflict can arise because the money will be paid from the same pot. If the injuries of one person are more severe, fairness would stand to reason that they should get a larger chunk of the money. An attorney representing both clients may find themselves with a conflict of interest because they’re advocating for the maximum payout for each.

Also bear in mind that there are few South Florida car accidents in which one driver is entirely, 100 percent at-fault for the crash. There are often several factors. If you are a passenger in a car with a driver who was just partially at-fault, you may have viable claims against both drivers. In that situation, it would be a conflict of interest for a Broward personal injury lawyer to represent both you and the person who was driving the car you were in.

Florida Bar Ethics Opinion on Car Accident Lawyer Conflicts of Interest

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The Florida Bar Professional Ethics Committee issued an opinion in 2002 that breaks down how Florida personal injury lawyers can determine whether there’s a conflict of interest in car accident cases. The original inquiry came from an attorney asked to represent both a passenger and driver in a lawsuit for negligence and property damage against a third-party driver.

The committee first pointed to a 1993 Florida Supreme Court ruling in in The Florida Bar v. Mastrilli, in which the Court held one attorney could not simultaneously represent both driver and passenger where a passenger is pursuing a damage claim for negligence against the driver.

Similarly, in State Farm Mutual Ins. Co. v. K.A.W., the Florida Supreme Court held that a law firm that represented a driver and passengers against third party insurers and tortfeasors couldn’t later represent passengers against the driver. This was even though the driver had a new lawyer and didn’t object to the passengers’ lawsuit.

Some of the scenarios laid out by the ethics committee:

• If there are no actual or potential claims against a driver by injured passengers, one attorney can ethically represent all parties against a third party, so long as there’s sufficient insurance coverage by that third party. However, if there is not sufficient insurance coverage, the attorney needs to explain the potential conflict of interest and all plaintiffs must agree about the distribution of benefits/recovery amongst themselves.
• If there’s evidence of negligence by the driver in a one-car accident, an attorney can’t represent both the driver and passenger. The only exception might be when a passenger and driver are members of the same family and the driver is uninsured/otherwise judgment-proof. Issues of comparative fault can come into play, though, so lawyers need to be very careful when accepting these cases.
• If the driver and passengers are all injured but evidence shows that the plaintiff driver was partially at fault, there’s a conflict of interest between the driver and passengers and a single attorney can’t represent them all ethically – even with everyone’s consent.
• If the passenger and driver are all family members and the driver is underinsured, uninsured, or otherwise judgment-proof, one attorney can ethically represent all parties against the driver’s UM/UIM policy – but only if the attorney determines it’s not worthwhile or appropriate for the plaintiff to sue the driver. An independent guardian or guardian ad litem may need to be appointed to ensure the interests of any minor children involved are protected.

If there is a situation in which a personal injury lawyers concludes there is a conflict of interest after already taking on the case, they may need to withdraw their representation. This could result in unfortunate delays. It’s worth noting too that because injury lawyers are paid on a contingency fee basis (meaning they aren’t paid fees unless/until they win), they won’t be paid if they need to withdraw representation early. This is why lawyers may be particular about the cases and clients they take on. It’s better for everyone in the long-run if potential conflicts of interest are identified at the outset.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Florida Bar Opinion 02-3

More Blog Entries:

Understanding Negligent Security at Florida Hotels – Fort Lauderdale Injury Lawyer Insight, Nov. 8, 2023, Fort Lauderdale Accident Lawyer Blog

While every case is different, the most probable answer is: No.

That’s not to say it’s impossible. But the truth is, most Fort Lauderdale car accident cases never even become lawsuits – let alone make it all the way to trial.

Why is this? A few reasons include:

• The crash wasn’t that serious. Florida is a no-fault state when it comes to car accidents. All drivers are legally required to carry $10,000 in personal injury protection insurance coverage that will pay for a portion of medical bills and lost wages – regardless of who was at-fault. The whole point of this system is to reduce the number of car accident lawsuits, which have the potential to significantly clog up the courts. That doesn’t mean you can’t sue someone for negligence if you’re hurt in a Florida car accident. However, F.S. 627.737 requires plaintiffs to meet the serious injury threshold in order to do so. That means the crash resulted in one of the following: Significant and permanent loss of an important bodily function; Permanent injury within a reasonable degree of medical probability; Significant and permanent scarring or disfigurement; Death. But even without the serious injury threshold, it’s unlikely that many minor Florida car accident cases would go to trial because it wouldn’t be cost effective. Unless the financial compensation at stake is fairly high, going to the expense and trouble of a trial would make little sense.
• There may not be much in dispute. With many car accidents, it’s often clear who was primarily at-fault. Not always, of course, but if someone runs a red light or rear-ends another car or makes an abrupt lane change, liability for that crash is fairly easy to determine. Lawsuits – and trials – are more of a last resort. Claimants start by filing the insurance claim. You only sue when key issues – such as liability or the amount of damages – are disputed (usually by way of the insurance company refusing to pay what the claimant says they’re owed). Even if one party was clearly in the wrong, the defending insurer may argue the plaintiff was still partially responsible. This is called comparative fault. In Florida, F.S. 768.81 was recently amended to establish a system of modified comparative fault with a 51 percent bar. That means if you’re injured and you were partly at-fault for the crash, you can still collect damages from the other at-fault party – but only proportionate to their own liability. It’s a means of reducing the amount of money the insurer has to pay. If you’re more than 50 percent responsible for the crash, you can’t collect anything at all. If the question of comparative fault is fiercely contested, that can be one reason for litigation. Sometimes cases go to trial solely to determine how much money the plaintiff should receive. But often, an experienced injury lawyer can negotiate a fair payout without needing to resort to a lawsuit.
• Litigation – and especially trial – is expensive. Lawsuits – and especially trials – are costly. Many courts are backlogged, sometimes years. Pretty much every party involved wants to avoid trial if they can. The longer the case drags on, the more the bills pile up – medical invoices, attorney’s fees, expert witnesses, court fees, etc. Plus, both sides lose a degree of power by handing the case over to the discretion of the judge. Sometimes there’s no avoiding that – and it can turn out well for the plaintiff. But usually, both parties can reach a more mutually agreeable, cost-effective resolution if they can negotiate a fair settlement on their own – out-of-court. Ensuring that you DO get a fair settlement, though, requires the assistance of a Fort Lauderdale injury lawyer. The more serious the injuries you sustained, the more imperative it is to hire a lawyer to protect your rights and best interests. If that means a trial – so be it, and you should hire a lawyer who’s prepared for that possibility. However, if they can successfully negotiate a fair settlement without litigation, that’s often to your benefit.
• There’s no case for punitive damages. For the most part, damages awarded in Florida crash cases are compensatory. That means the person injured by another’s negligence is being compensated for the harm caused. Crash victims can claim compensatory damages for things like property loss, medical bills, lost wages, pain and suffering, emotional trauma, loss of consortium, etc. It’s only in rare situations that a plaintiff can sue punitive damages. Such damages compensate the claimant – but the intention is actually to punish the defendant for particularly egregious behavior, such as gross negligence or intentional misconduct. As noted in F.S. 768.72, you cannot pursue punitive damages in a Florida injury lawsuit without permission from the judge. The only time this really comes up in crash cases is when the other driver was impaired. The Florida Supreme Court particularly singled out DUI cases as uniquely qualified for punitive damages in the 1976 case of Ingram v. Pettit.

If you have been injured in a Fort Lauderdale car accident and aren’t sure whether you need a lawyer, we can help answer your questions in a free initial consultation. We’ll offer a frank assessment of the viability and value of a potential case based on the initial facts, and provide you with insight to help you make an informed decision about your next steps.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Ingram v. Pettit, Dec. 9, 1976, Florida Supreme Court

More Blog Entries:

Will a Pre-Existing Injury Kill Your Fort Lauderdale Injury Claim? June 10, 2023, Fort Lauderdale Car Accident Lawyer Blog

Let’s start with the fact that with very few exceptions, seat belts are required by Florida law for all drivers and passengers in motor vehicles.

Florida’s no-fault car insurance law holds that all vehicle owners must carry personal injury protection (PIP) coverage that provides up to $10,000 in compensation for any insureds injured in a crash with that vehicle – regardless of who was at-fault in causing the crash. An injured person can step outside the state’s no-fault PIP system and pursue a claim for additional monetary damages against any at-fault parties IF their injuries meet the serious injury threshold. As set forth in F.S. 627.737, they must prove their injuries – caused by the crash for which the defendant is responsible – resulted in significant/permanent loss of a bodily function, permanent injury within a reasonable degree of medical probability, significant/permanent scarring/disfigurement or death.

It’s worth noting that Florida is recognized as a pure comparative fault state when it comes to negligence claims. Per F.S. 768.81, that means each person/entity can only be held legally responsible to pay for the damages they caused. So for example, if one suffers $100,000 in damages and Defendant A is responsible for 40 percent and Defendant B is responsible for 60 percent, Defendant A will be ordered to pay $40,000 and Defendant B will be ordered to pay $60,000.

But what if one of the people responsible for a plaintiff’s injuries is the plaintiff themself? That is what we call contributory negligence. By way of their own negligence, they contributed to their own injuries. So if you suffered $100,000 in damages – but are 20 percent responsible for your own injuries – the most you can expect to be awarded is $80,000.

That brings us to the seat belt defense.more

What is the Seat Belt Defense?

Because the law mandates that drivers and passengers wear seat belts, and because it’s well-established that failure to do so can significantly exacerbate the injuries one sustains in a Florida car accident, failure to wear one can be grounds to assert contributory negligence, thus reducing the total amount of financial compensation to which one is entitled. This is called the seat belt defense. It’s something that the insurance company (or the defendant, if the case proceeds to litigation) will bring up to reduce the overall damages to which the plaintiff is entitled.

The validity of the seat belt defense was affirmed in the 1996 Florida Supreme Court case of Ridley v. Safety Kleen Corp. That case concerned a 1992 intersection truck accident involving a pickup truck driven by plaintiff and a service truck driven by a cleaning company employee. The injured plaintiff sued the driver/his employer/truck owner for negligence. The defense raised the issue of plaintiff’s failure to wear a seat belt as an affirmative defense. The trial court denied a defense request to instruct the jury on Florida law requiring motorists to wear seat belts. At trial, the jury found the cleaning company 100 percent liable for the crash.

Upon appeal, Florida’s 1st District Court of Appeal reversed, finding the trial court substantially erred in refusing to give the defense instruction on the state’s seat belt law. The court reasoned that because the seat belt violation constituted evidence of negligence, the jury should have been adequately informed of it. The Florida Supreme Court backed the appeals court, finding that failure to wear a seat belt makes a plaintiff comparatively negligent, and their recoverable damages should be proportionally reduced accordingly.

Subsequent rulings have stipulated that in order to prevail with the seat belt defense, defendants in Florida car accident cases must prove three things:

1. The plaintiff did not use a seat belt that was both available and operational.
2. This failure to use a seat belt was not reasonable, given the circumstances.
3. The failure of the plaintiff to use a seat belt either caused or contributed significantly to plaintiff’s injuries.

Defense attorneys would be responsible for outlining the extent to which not wearing a seat belt caused the plaintiff’s injuries or financial losses. For instance, one’s failure to wear a seat belt may not cause a crash – but it could contribute to the severity of a head injury, particularly if the car occupant was ejected from the vehicle (a scenario far more likely when someone isn’t wearing a seat belt).

Because the seat belt defense can significantly alter the value of your Fort Lauderdale injury case, it’s imperative you work with an experienced civil injury lawyer, experienced in identifying and presenting relevant evidence in your favor.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Ridley v. Safety Kleen Corp., May 30, 1996, Florida Supreme Court

More Blog Entries:

Will PIP Cover All My Damages in a Fort Lauderdale Car Accident? May 15, 2022, Fort Lauderdale Car Accident Lawyer Blog

What PIP Does NOT Cover

Although PIP is the go-to for no-fault accident coverage in Florida, it does not cover every scenario, every type of loss – or even every person. The following is a list of what PIP won’t cover:

• Property damage. If your car is damaged in the crash, you’ll need to file a separate claim with your own insurance company (or the insurer of the at-fault driver) in order to be compensated for necessary repairs. Florida law requires drivers carry at least $10,000 in property damage liability coverage.
• Motorcycle operators. PIP coverage is not mandated – or even available – to owners/operators of motorcycles or other self-propelled vehicles. Motorcyclists must rely on other types of auto insurance coverage.
• More than $10,000 in medical expenses. No matter how serious your injuries are, PIP is only going to cover up to $10,000 in medical expenses. In fact, PIP is only designed to cover up to 80 percent of “reasonable medical expenses.” Furthermore, if your injuries are not “emergent,” PIP may cover no more than $2,500 in medical expenses. Unless you take legal action against the at-fault driver, you and/or your health insurer will be liable for the rest. If your injuries are “serious and permanent,” as outlined in F.S. 627.727, you may step out of the no-fault system and pursue a claim against the at-fault driver for damages for the full amount of your losses. If they do not have insurance or lack enough insurance, you may file a claim with your own uninsured/underinsured motorist (UM/UIM) carrier for the difference.
• More than 60 percent of your lost wages. PIP will cover up to 60 percent of your lost wages if you can’t work due to your injuries – but not if it equals more than $10,000 (and usually far less because that is all that’s available to cover your medical expenses too). If you can’t return to work at all or must take a lower-paying job as a result of your injuries, you could be facing substantial income losses. These are recoverable from the at-fault party if you step outside the no-fault system and pursue damages.
• Pain and suffering. PIP coverage only covers economic losses. This would include things like medical bills and lost wages. But Florida car accident victims are traumatized, both physically and emotionally. The law recognizes the impact of this, which is why crash victims can pursue damages (compensation) for pain and suffering – but only in a civil claim. You won’t recover pain and suffering damages from your PIP carrier.

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Other PIP Coverage Considerations

Other things to note about PIP coverage is claimants have a very short window of time in which to file a claim. PIP claims must be filed within 14 days. If you wait longer to seek medical attention/file your claim, your damages may be limited to $2,500 – or less.

If you have ongoing medical expenses, PIP will only cover those incurred within three years of the crash date. Any long-term medical care or treatment beyond that is likely going to be paid out-of-pocket, unless you take legal action against the other driver.

Note too that PIP coverage also has a deductible, which varies by carrier and policy. Typically, the deductible is about $500. So even if you have $10,000 in coverage, you’d still be paying at least $500 out-of-pocket.

If you have been in a Fort Lauderdale car accident, our injury attorneys offer free initial consultations to advise you of your rights regarding PIP coverage and third-party claims.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Consumer Pamphlet: Automobile Insurance, The Florida Bar

Florida Law Requires Vehicles Be Covered by Car Insurance

Before you registering a four-wheeled vehicle in Florida, you need to show proof of both personal injury protection (PIP) and property damage liability. PIP is going to cover 80 percent of what are considered “necessary and reasonable medical expenses” up to $10,000 – no matter who caused the crash. The property damage liability will cover damages to another person’s property if you or someone else cause a crash driving a vehicle insured by you.

You may notice that what is not required is bodily injury liability (unless you’re driving a taxi or commercial vehicle or if you’ve been convicted of a DUI). Bodily injury liability is the kind of coverage that will go to cover the expenses of others injured in a crash you cause.more

Likewise, uninsured/underinsured motorist (UM/UIM) coverage is not required either, though insurers are required to offer it to you. This is coverage that will extend to you if the person responsible for the crash does not have insurance or doesn’t have enough insurance to cover your losses. If you purchase UM/UIM, you will need to carry bodily injury liability coverage in the same amount. It’s highly advisable, especially in a state like Florida with so many uninsured drivers, to carry UM/UIM coverage.

Although the state doesn’t require bodily injury liability coverage, it does have a Financial Responsibility Law. This provision mandates that a person who is at-fault for a crash provide financial coverage of at least $10,000 per person and $20,000 per accident. So either you obtain insurance coverage or you post a bond. For this reason, most people who are insured do have at least that much bodily injury liability coverage.

But $10,000 – whether it’s from PIP or bodily injury liability coverage or even both – often isn’t enough to cover the losses sustained in a serious crash. This is why it’s so important to have UM/UIM coverage.

Your Options for Recovery

You have several options for financial recovery if the driver did not have car insurance (or didn’t have enough). Your first go-to will be your own PIP carrier. If the crash was serious, it’s unlikely this amount will cover your losses.

From there, you will take action against the other driver. They may not have the assets to personally compensate you, though as a debtor, the state could compel them to pay by:

• Garnishing their wages.
• Putting a lien on their non-homestead real estate.
• Seizing their personal property.
• Garnishing their bank account.

Beyond this, your UM/UIM coverage is your best bet. This is insurance coverage that you pay for that will cover you in the event the at-fault driver cannot. However, you still must establish that the other driver was at-fault. Florida is a pure comparative fault state, which means it’s possible your own insurer will try to argue that you were at least partially to blame to reduce your UM/UIM payout. The amount to which you are entitled can be reduced proportionate to your degree of fault. So if you were 20 percent at-fault, you would only be entitled to 80 percent of the total damages.

This area of law can quickly get complicated, and insurers are never working in your best interests. It’s important if you’re seriously hurt in a South Florida crash to contact an injury lawyer as soon as possible.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Florida Insurance Requirements, Florida Highway Safety and Motor Vehicles

Protecting yourself involves not providing any details to which they are not entitled. It’s important that you appreciate you do have a contract and legal obligation to honor. You are required to inform the insurance company about the accident. That means providing the basic necessary information. Beyond that, your lips should stay sealed until you’ve talked to a personal injury attorney.

Note too that you don’t have this same obligation to the other drivers’ insurer. You benefit nothing from giving that insurer a statement or signing any paperwork they send you. All you need to do is get the insurance information from the other driver. You don’t need to provide them with information.more

It’s best to let your attorney communicate with all insurers on your behalf. This saves you from making statements that could damage your case. Some phrases to avoid:

• “The accident was my fault.” Never admit fault for an accident. You may be required to provide some facts, but don’t offer up your opinions or emotions about what happened. Keep in mind that whatever you say might be used against you. Furthermore, you may not be aware of every aspect of the situation. You know what happened from your perspective. You may assume you’re at fault when in fact you are not. Give only the facts to avoid reducing your odds of compensation.
• “I’m not injured.” You may “feel fine.” But some injuries might not be apparent right away. Some, like internal bleeding, traumatic brain injuries, whiplash, etc. can take longer to manifest. It might be several days or possibly even weeks for you to discover these injuries. If you make a statement before that indicating that you have no injuries, it may be tougher to get compensation for them later on.
• Making an official statement. Avoid doing this until you talk to your lawyer. You aren’t under any obligation to make a recorded statement to anyone, regardless of what the insurance company tells you. Even if you will eventually need to make an official statement, it can wait until you discuss it with your lawyer.
• “I think…” or “I guess…” If you aren’t sure the answer to a question, you can answer with a succinct, “I don’t know.” The insurer doesn’t need your opinions or estimations, and you’re likely only to hurt yourself by offering them. Some insurers may try to talk you into a corner or damage your credibility by pushing for answers to questions like distance between you and the other vehicle or the speed of the vehicles involved. If you don’t know the exact right answer to such a question, the correct answer is, “I don’t know.”

You should also avoid naming others involved or accepting a settlement before talking to your lawyer. It’s not your job to provide a witness list to the insurer. Your attorney can do it for you, if appropriate. Further, if the insurer makes a settlement offer, do not take it until it’s been reviewed by a lawyer. Once you accept an agreement, you are signing away your rights to future claims. That means even if it turns out you’re likely owed a more substantial sum, you probably won’t be able to do anything about it.

If you’re injured in a Fort Lauderdale car accident, our personal injury lawyers are available to answer your questions, gather evidence in your case and help you seek justice.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Traffic Accidents, Sun-Sentinel

Both the Florida House and Senate signed off on SB 54, a bill subject to substantial back-and-forth to close out the end of this legislative session.

Current law requires all vehicle owners to purchase PIP that covers $10,000 for their own medical, disability and funeral expenses if they’re hurt in a crash – regardless of fault. But as any Florida car accident attorney will tell you, $10,000 isn’t nearly enough to cover healthcare costs after most accidents. (The amount hasn’t changed since 1979.) Besides that, only $2,500 is available if injuries don’t require emergency treatment. Furthermore, PIP isn’t always as easy to obtain as it should be, and many injured motorists need assistance from an attorney to ensure they’re fairly compensated. The only way to step outside the no-fault system and pursue compensation from the at-fault driver is if one’s injuries meet or exceed the serious injury threshold, as outlined in F.S. 626.737.more

Under current law, bodily injury liability coverage isn’t required, though Florida’s financial responsibility law requires motorists be able to provide at least $20,000 in bodily injury liability or wrongful death damages. A fair number of drivers do carry it anyway, so not much may change for them.

If DeSantis signs SB 54, motorists would be required to purchase a minimum $25,000 per person and $50,000 per incident in bodily injury liability coverage. Although PIP would no longer be mandatory, insurers would be required to offer optional med-pay plans of $5,000 and $10,000 without a deductible.

Although some drivers may not mind carrying the small minimum level of insurance, there is always the risk is they could be sued personally if the expenses of those injured in a crash they caused exceed that amount. One in four drivers doesn’t maintain any insurance. These issues have caused many motorists to rely on uninsured/underinsured motorist coverage.

Said one lawmaker of the new bill: “You may not like every bit of this bill, but Florida’s got to do something about their car insurance.”

Gov. DeSantis has not yet indicated his position on the law.

Those opposed to the bill (primarily insurance industry advocates) say it will result in more Floridians being without car insurance because it will require additional coverage that people can’t afford in a state where rates are already sky-high. Yet the Florida Office of Insurance Regulation concluded just a few years ago that a shift to bodily injury coverage would result in a 6 percent savings for the average driver.

Whether costs will go up or down will likely depend on what kind of insurance you already have. If you already maintain some form of bodily injury liability coverage, your bill will probably be reduced because you’ll no longer need PIP. However if you weren’t maintaining bodily injury liability before, your bill may go up slightly. The trade-off is you’re less likely to be personally sued because your insurance may cover the full extent of the damages.

Ultimately, this bill would allow those injured in car accidents to collect damages from the insurers of those responsible.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Should you care if no-fault auto insurance gets repealed? April 19, 2021, By Ron Hurtibise, Sun-Sentinel

More Blog Entries:

Fort Lauderdale Car Accident Lawyers on Handling Crashes With Uninsured Drivers, Feb. 1, 2021, Fort Lauderdale Car Accident Attorney Blog

There are many theories about why this is, but the bottom line for us as Fort Lauderdale injury lawyers is that many accidents involve an uninsured driver. This poses some definite challenges in terms of how we approach an injury case.

You can still often recover damages if you’re injured in a crash with a driver who isn’t insured, but it will depend on your own coverage, the personal finances of the at-fault driver, who owns the vehicle that was driven and whether any third-parties were at-fault.

Car Insurance Laws in Florida

Florida requires residents to carry a minimum level of insurance if they want to be road-legal. This includes $10,000 in personal injury protection (PIP) and $10,000 in property damage liability coverage. You must have this before you can even register your car, and it must be maintained, whether you drive it regularly are not. Failure to show proof of insurance upon request by a law enforcement officer can result in a three-year license suspension, with a $500 reinstatement fee.

PIP coverage is part of the state’s no-fault insurance law. This coverage is intended to provide up to $10,000 for the policyholder and his/her passengers – regardless of who was at fault. This $10,000 covers a portion of medical expenses and lost wages. But $10,000 only goes so far in a serious crash. Florida does not require bodily injury liability coverage, but those who don’t have it are personally responsible to cover at least $20,000 in damages. Without insurance, that’s quite difficult.

If you have health insurance, it’s probable a good portion of your medical bills will be covered – regardless of the other driver’s insurance status.

If your injuries are serious, you can step outside of the no-fault system and pursue a bodily injury claim.

Options for Those Involved in Crashes With Uninsured Drivers

Motorists who are seriously injured in a crash caused by an uninsured driver always have the option of suing that driver personally. It’s wise to talk to a personal injury lawyer first to determine whether this is a measure worth pursuing. A negligent driver lacking adequate personal assets may make any lawsuit a wash – or even a loss. But we can look into a negotiated payment schedule that could be enforced by the court. Other options for collecting a personal injury debt may include:

• Garnishing the defendant’s wages or bank accounts.
• Imposing a lien on their non-homestead real estate.
• Seizing personal property.

His/her driver’s license could also be suspended until the debt is paid.

But if this is not an option or does not come close to covering the full extent of your losses, you have some options.

First, we need to make sure that there are no other liable defendants. Other drivers, vehicle parts manufacturers and others may be liable to provide coverage if they were in any way negligent in causing the crash or exacerbating your injuries.

We’ll also look carefully at who owns the car. Florida considers motor vehicles to be dangerous instrumentalities. If someone permits another to drive their vehicle, the owner can be held legally responsible for the negligence of the driver.

Finally, we’ll look at your own uninsured/underinsured motorist (UM/UIM) policy. These aren’t required in Florida, but they come standard with most insurance policies. Once you establish that the other driver was at-fault and that he/she does not have the means to cover the full extent of your injuries, you can seek payment from your UM/UIM insurer.

If you have questions about how to collect damages from the at-fault driver in your South Florida crash, our Fort Lauderdale car accident lawyers can help.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Driving without insurance in Florida, February 2021, Bankrate.com

Such damages are typical to seek in Florida crash injury claims, but this last one is what we want to focus on here. While serious injury, disability and medical costs can be established with documentation such as medical records, bills, bank statements, pay stubs and tax returns (among other types of evidence), loss of life enjoyment is a little trickier because it is highly subjective. It’s also sometimes referred to as “hedonic damages,” “loss of life’s pleasures” or “lost value of life.” It is a type of non-economic damages, which means there is no clear-cut value for the loss, as opposed to economic damages, which are the result of monetary losses suffered as a result of an injury or wrongful death.

In this case, as reported by the Florida Record, the motorist alleges defendant struck her vehicle in December 2016, causing her to sustain severe injuries that required hospitalization and ongoing nursing care. It also had the effect of exacerbating an existing medical condition. Details of the injuries and crash circumstances weren’t given in the initial complaint, except that it occurred at an intersection of the southbound I-95 ramp in Fort Lauderdale and plaintiff alleges defendant failed to maintain control of her vehicle or exercise proper lookout for other vehicles.

Given that sometimes psychologists are called as expert witnesses in civil injury litigation to establish loss of life enjoyment, a case law analysis by the Psychology Department at the University of Nebraska is insightful. The study noted that while it can be difficult to quantify non-economic damages in general, judges often make assumptions about quantification, with total damages for harm generally being higher when those for pain and suffering (physical) are treated as a separate issue from loss of life enjoyment (mental/ emotional). Courts across the country have varied on whether to allow this, with judges and justices finding against it reasoning that it results in duplicative damages. Florida courts do allow it to be sought separately.

The study noted the primary factor considered for loss of life enjoyment is the effect of the injury on a person’s lifestyle (which has correlated with jurors’ perceptions of injury severity and thus damage awards). As Fort Lauderdale car accident lawyers, we establish this by showing how active, happy, fulfilled one’s life was before the crash, how much life they had left to live and how the crash has negatively impacted that. Although it may seem somewhat unfair, for this particular type of damages, those who will tend to receive higher loss of life enjoyment awards are:

• Younger;
• Have young families/ loving spouses/ other close and meaningful relationships;
• Are active and involved in their communities and recreation;
• Are in the prime of a successful career or on the verge of a promising one.

These aren’t the only factors, but they often come into play. This particular type of damages is one of the primary reasons one will want to be cautious about what they post in social media and other public forums after a crash. This is because while we all know our social media presence is a projection of our “best selves,” it can be construed by defendants in a courtroom as one not having suffered as severely mentally and emotionally as alleged.

If you have been in a serious crash in Fort Lauderdale, it’s important to discuss these issues with an attorney as soon as possible, before agreeing to a settlement with an auto insurance adjuster.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Lawsuit claims I-95 car accident left woman disabled and disfigured, July 29, 2018, By Janie Mallari-Torres, The Florida Record

More Blog Entries:

Court: Crash Case Defendant/ Employer Not Entitled to Summary Judgment, June 3, 2018, Fort Lauderdale Car Accident Attorney Blog

The state senate’s Health and Human Services Appropriations Subcommittee overwhelmingly voted not to approve the measure, which would repeal Florida’s no-fault system requiring drivers to carry at least $10,000 in personal injury protection (PIP) coverage. The bill would resulted in a requirement to carry bodily injury coverage in its stead. Florida House members approved a similar version of the measures (HB9) in the first week of the legislative session. Although the bill is technically still alive, the legislative session ends in two days. A committee chairwoman (who voted against the bill) filed a motion to reconsider and temporarily postponed it, meaning it could potentially arise again. However, that committee isn’t expected to meet again prior to the close of the legislative session.

Florida’s no-fault system has long been the target for reform advocacy. PIP laws, codified in F.S. 627.736, require all drivers to carry at least $10,000 in medical and disability benefits and $5,000 in death benefits. (It should be noted the $10,000 rate was set in 1979, and is only worth today about one-eighth of what it was when the law was signed.) One can only access $2,000 of those injury benefits unless their injuries are severe and emergent. This no-fault coverage is extended regardless of who was at-fault for the crash. In order for a car accident victim to pursue damages from the at-fault driver and other third parties, they must meet the serious injury threshold, as outlined in F.S. 627.737, which requires proof that victim suffered:

• Significant/ permanent loss of an important bodily function;
• Permanent injury within a reasonable degree of medical probability;
• Significant and permanent scarring/ disfigurement;
• Death.

more

The goal of the no-fault law is to reduce the number of Florida car accident lawsuits that can overburden the state’s court system. However, some have argued that it provides insufficient coverage to crash victims and makes it difficult to hold careless drivers accountable.

Florida is one of just two states that do not require drivers to carry bodily injury coverage, which is paid to cover the expenses of those injured by the insured’s careless or reckless driving. Most auto insurance policies do have some form of this coverage, though, as drivers are required to be personally responsible for up to $10,000 in damages for crashes they cause. Uninsured/ underinsured motorist (UM/UIM) coverage cannot exceed the amount of one’s bodily injury liability coverage, and most drivers do want to make sure they have some protection if they struck by a driver with minimum insurance or no insurance at all.

Of course, there are those who prefer the current PIP system – like health care providers – because PIP pays nearly twice as much as Medicare does for the exact same procedures. One study conducted by the Florida Office of Insurance Regulation concluded a repeal of Florida’s no-fault PIP system would reduce insurance premiums by 9.6 percent for liability coverage, or about $81 per car per year. For all coverage combined, it would amount to a reduction of 6.7 percent, study authors found.

The House version of this bill required a minimum $25,000 coverage for damages for injury or death of one person and $50,000 for injury or death of two or more people. The Senate proposal would have allowed for $20,000 in bodily injury protection for one person and $40,000 per crash, with minimums rising to $25,000/ $50,000 in two years when individual premiums would increase. The Senate version would also require drivers to carry $5,000 in medical payments coverage (MedPay).

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Measure to Repeal No-Fault Auto Insurance Hits Wall in Senate, March 1, 2018, By Jim Turner, News Service of Florida

More Blog Entries:

General Negligence v. Premises Liability: An Important Distinction in Florida Personal Injury Claims, Feb. 21, 2018, Fort Lauderdale Personal Injury Attorney Blog

Just take Florida, for example. F.S. 316.305 went into effect in 2013 (and was one of the last texting-and-driving bans in the country to be enacted). The statute prohibits a person from operating a motor vehicle while manually typing or entering multiple letters, numbers, symbols or other characters into a phone or wireless communication device. So far so good, right? But there are a few issues. First off, it’s a secondary offense, which means police can’t initiate a traffic stop on this basis alone; they can only issue a citation if they stop a driver for another offense. Even if they do ticket the driver, it’s only a $35 citation for a first-time offender. Not much of a deterrent. Beyond that, the law doesn’t ban talking (which studies have shown can be just as distracting) or dialing a number (and it can be tough for an officer to discern the difference between that and texting from outside the vehicle, especially if it’s moving). Also, it doesn’t address the expanding technology, which includes video chats.

Now, there are two bills on the table to enhance penalties for those who violate Florida’s current ban on texting and driving. HB 47 would increase the fine (doubling it for offenses in school zones or designated crossings) and also make the violation a primary offense, as opposed to a secondary offense. Meanwhile, HB 69 targets drivers 18 or younger, and would make the offense primary only for these motorists.

Meanwhile, other states are taking even more drastic measures. In California, for instances, the New York Times reports a new law has been enacted that bans drivers from even holding mobile devices. The law law went into effect January 1st and it builds on an earlier state law that prohibits drivers from talking and texting, but didn’t stop them from streaming video or using apps like Twitter, Facebook and Snapchat.

You may recall late last year, a Texas couple filed a federal lawsuit against Apple following a 2014 car accident that killed their 5-year-old daughter. Investigators reported the at-fault driver had been using Apple’s FaceTime app and wasn’t paying attention to the stopped traffic ahead. Plaintiffs allege the technology firm has the ability – and even a patent on the technology – to prohibit use of the app by drivers in moving vehicles, but had not implemented it.

A spokeswoman for travel organization AAA told the Times she anticipates many other states will be introducing additional bills to curb distracted driving accidents. The National Safety Council reports that 1 in every 4 Florida car accidents involves at least one driver who is distracted. The risk of distraction for teens is even greater: Research has shown 60 percent of all crashes or near-crashes involving teen drivers involve smartphone-related distraction.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Can a Law Stop Distracted Driving? California Hopes to Find Out, Jan. 5, 2017, By Jonah Engel Bromwich, The New York Times

More Blog Entries: Modisette v. Apple Inc. – Distracted Driving Blamed on Crash That Killed 5-Year-Old, Jan. 10, 2016, Fort Lauderdale Car Accident Lawyer Blog

But now, it’s not just the other motorist whom he blames. It is also the State of California, the government agency responsible for maintaining the road on which the crash occurred. Specifically, he alleges poor road design that made it difficult for the taxi driver to see the plaintiff as he traveled north on the state highway.

There had reportedly been numerous complaints made to the state’s Department of Transportation regarding the condition of the intersection, but the government agency failed to take action, according to the injury lawsuit.

The incident happened on the Pacific Coast Highway. The driver of the taxi alleged that southbound drivers faced an incline that made it “impossible” to view oncoming traffic until motorists were already at the intersection. Plaintiff’s attorney explained drivers don’t see the cross-traffic until they are at the very top of the intersection, and that repaving of the intersection has over time worsened the problem.

Representing the state department of transportation, the deputy attorney general explained to jurors that the state shouldn’t be held liable for injuries resulting from a crash at the intersection because it had been designed many decades ago by Los Angeles County. The state later inherited it. If anyone would be responsible for defective design of the road, it would be the county. Further, the state argues no fatal car accidents have occurred at the intersection since 1996. The state argues it has done everything necessary to make the road safe.

The actual fault, argues the state, is the taxi driver, who allegedly was speeding and dangerously made a sharp turn off the highway and onto a cross street. While he was driving recklessly, the state argues, the motorcyclist wasn’t being defensive. Specifically, he was wearing darker clothes that made it tough to see him at night.

The original complaint by Ekbatani also named the driver’s employer as a defendant, but that claim was later dismissed when the two parties settled out-of-court. Now, the taxi company is pursuing a counter-claim against the state.

Plaintiffs presented depositions from two local residents who had complained to the state about the need for safety changes at the intersection. One of those, an employee of the local library, testified she contacted the mayor’s office after witnessing a number of crashes at that location, imploring him to advocate for a left turn signal at the traffic light.

Another witness explained poor visibility at that intersection was to blame for a crash he was involved in. And there were concerns raised by a number of police officers about the intersection too.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Poor Road Design Caused Accident That Cost Former UCLA Lineman His Leg, Jury Told, Nov. 28, 2016, By David Siegel, CVN

More Blog Entries:

Report: Truck Accident Risk Rises With $740 Billion Backlog of Road, Bridge Repairs, Nov. 29, 2016, Fort Lauderdale Motorcycle Accident Lawyer Blog

The Florida Supreme Court is considering a proposal that would revert the courts back to the Frye standard. (The Florida courts can take action without the legislators on this point because it concerns a procedural element of the court.) Civil plaintiff attorneys argue the Daubert standards are too stringent and serve as a barrier to legal remedy in legitimate claims.

To understand why the importance of this standard matters in civil personal injury lawsuits, we look at the recent case of Sims v. Kia Motors of America, before the U.S. Court of Appeals for the Fifth Circuit. Here, the viability of expert witness testimony was critical to the product liability claim in a wrongful death lawsuit stemming from a fatal car accident.more

According to court records, family members of decedent filed this product liability lawsuit against auto manufacturer Kia after their father died in the back seat of a 2010 Kia Soul that burst into flames after a sign struck by the driver pierced the fuel tank. The driver collided with another car at an intersection, and the impact caused the car to spin and, in turn, strike various objects. One of those was a “YIELD” sign, which became disconnected upon impact. The base of the sign passed underneath the vehicle and impacted the fuel tank. This tore a large hole in the tank. Gasoline spilled over the roadway. When the vehicle stopped, the driver and front seat passenger safely got out of the car. The three passengers in the back, however, were trapped. Decedent was one of those.

Because the fuel tank ruptured, the car became engulfed in flames. Decedent died in the fire.

Plaintiffs filed a lawsuit against the maker of the vehicle, alleging the manufacturer had a duty to make sure the gas tank wasn’t susceptible to failure and that, even if a fire does start, the vehicle should be designed so that it does not immediately explode into the passenger cabin.

Plaintiffs presented two expert witnesses, engineers. One was to investigate how the sign struck the fuel tank and another who planned to testify there was a safer alternative design that would have prevented this fuel tank rupture. Defense sought to exclude some or all of this testimony on grounds it was unreliable and failed to meet the Daubert Standard. District court granted the motion and plaintiff appealed.

The 5th DCA carefully examined the methodology of both experts. As to the expert who was slated to testify about how the sign pierced the tank, the court excluded the part of his evidence that asserted a “downward displacement theory” because it was not scientifically reliable, and neither was his use of the differential diagnosis approach.” In looking at the other expert witness’s testimony, the court concluded the theory that fuel tank straps and fuel tank shields could prevent these sort of incidents was unreliable. Therefore, the 5th DCA affirmed.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Sims v. Kia Motors of America, Oct. 5, 2016, U.S. Court of Appeals for the Fifth Circuit

More Blog Entries:

Student Injured in Musical at High School Suing, Sept. 29, 2016, Fort Lauderdale Car Accident Lawyer Blog

We know those drivers may be held liable if they are distracted and cause a crash. However, an emerging legal trend involves holding accountable those with whom the driver is communicating.

Take for example the recent case Gallatin v. Gargiulo, In that case, a Pennsylvania trial court judge decided that two men who were texting with a driver before and during a fatal car accident could be held liable for resulting wrongful death claims.

That case follows a precedent set in a New Jersey case from 2013 in which an appellate court ruled that a 17-year-old girl could potentially be held liable for car accident injuries that resulted when the 18-year-old boy with whom she was texting crashed. The teen driver crashed into a motorcycle in the midst of their exchanges on evening in 2009. In that decision, the court ruled that a person sending text messages has a duty not to do so with someone they know or have special reason to know the recipient is going to view that text while driving. Ultimately in that case, the court ruled there was not enough evidence to prove the 17-year-old had special reason to know the boy with whom she was texting was driving, and there was also no proof that she actively encouraged the boy to text her while driving.

Proving all of these elements in a distracted driving accident case could be difficult, but not impossible. Perhaps the greater benefit to the public is that the possibility of civil liability could drive down the number of texting-while-driving accidents.

In general, police have a tough time ascertaining whether distraction was an issue in an accident. We know it accounts for at least 424,000 injuries and 3,500 deaths every year – but we also know that’s a low number. Part of the reason we don’t have an accurate accounting is because it’s tougher to determine whether a driver was distracted as opposed to whether they were drunk. Police can’t test for distraction the same way they can alcohol or drug impairment (and drivers don’t often admit it).

Lawmakers in New York are proposing the implementation of a devices dubbed “textalyzers.” These are machines that would be carried by police and could be hooked up to a smartphone following an accident to determine whether the phone was used in a way contrary to state law at the time of an accident. The proposed law would require drivers to hand over their phone for analysis following a crash or else risk suspension of their driver’s license.

Some legal analysts are raising privacy concerns about the bill, so it’s future is uncertain.

There is also question as to whether app or phone developers could be accountable. Take for example the recent Georgia lawsuit in which social media platform Snapchat is accused of encouraging drivers to speed, take pictures and share those images. It has been compared to gun manufacturer liability; Congress has immunized manufacturers from liability for most firearm deaths, unless there was an actual defect with the weapon.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Texting a Person While They’re Driving Could Land You in Jail, May 3, 2016, By Jennings Brown, Vocativ

More Blog Entries:

Trotter v. Harleysville Ins. – “Per Vehicle” and “Per Accident” Insurance Claims, May 15, 2015, Fort Lauderdale Car Accident Attorney

These limits are important not just for that policy, but also for other secondary policies that may be applicable. Some insurance – like uninsured/ underinsured motorist coverage – will only kick in once the limits of the primary policy have been exhausted.

In the recent case of Trotter v. Harleysville Ins. Co., the question before the U.S. Court of Appeal for the Seventh Circuit was whether the trial court correctly decided that the $500,000 limit on an auto insurance policy was per accident, and not per-person. It was a difference that could have meant hundreds of thousands of more dollars for plaintiffs. However, the appeals court ultimately decided the trial court was right, denying plaintiffs additional coverage.more

According to court records in the case, a woman drove through a stop sign on afternoon in July 2011. This caused a four-vehicle crash. Plaintiffs in this case were the occupants of one of those vehicles – a driver and two passengers.

At-fault driver was insured under a personal auto insurance policy that had liability limits of $250,000 per person and $500,000 per accident.

The at-fault driver’s insurer ultimately settled for the per-accident limit of $500,000. Of that, the driver received half and the remaining half was split between the two passengers.

Plaintiffs asserted this was not enough to make them whole. Therefore, each submitted claims to defendant insurer, Harleysville, with which the victim driver had an underinsured motorist policy. That policy entitled victims coverage of up to $500,000 per-accident. Underinsured motorist policy coverage provides an additional layer of protection when the at-fault driver’s insurance comes up short.

However in this case, the at-fault driver’s insurance company had paid $500,000 – which was the same limit as the UIM coverage.

Plaintiffs argued the UIM policy did not unambiguously say the $500,000 limit was per-accident, but instead could be construed to mean up to $500,000 per person. That would open the potential liability limit to $1.5 million per accident – $500,000 for each person injured (minus what they had already recovered).

When the insurer refused this demand, each filed a separate injury lawsuit against the insurer seeking to collect the remainder of their damages. The cases were consolidated and the district court decided the policy was not ambiguous and the $500,000 coverage limit is per accident – which means the plaintiffs were entitled to nothing further.

Plaintiffs appealed.

The Seventh Circuit looked closely at the language in the policy. The terms stated that the per-accident and per-person limit meant that it would pay a certain number (up to $250,000) per person and that no matter how many people were involved, it would pay no more than $500,000.

The appellate panel decided that while there might be some room to argue ambiguity in the language with regard to the per-person limits, the language pertaining to the per-accident limit was clear, and that meant nothing changed for the plaintiffs.

Ambiguity in an auto insurance policy is something that might be plainly obvious to most. That’s why we always recommend victims of serious accidents consult with an experienced car accident attorney.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Trotter v. Harleysville Ins. Co., May 10, 2016, U.S. Court of Appeals for the Seventh Circuit

More Blog Entries:

Snapchat Named in Car Accident Injury Lawsuit, May 3, 2016, Fort Lauderdale Car Accident Lawyer Blog