My brother was involved in a car accident and the other driver was cited by police as being at fault. The vehicle had full coverage and the owner was the passenger and his daughter was the driver. The daughter was drunk and received a DUI. The father's insurance company stated that because the daughter was not listed on the Father's policy that they did not have to pay. What legal action can my brother take?
Your brother needs to retain an attorney so they can determine who owns the vehicle, what the insurance policy says, and who can be held responsible for the accident.
I agree with my colleague that your brother needs to obtain an attorney who knows how insurance adjusters think and work. In aggressive attorney will examine the insurance companies reason for the claim's denial and determine if there is a viable legal cause of action.
I was a claims adjuster for 10 years, and I have seen insurance companies retract a lot of denials after an attorney comes into the case.
Please have your attorney contact one of us today.
I agree with the attorneys who have already responded to your question, you should consult with an experienced personal injury attorney. There are many exceptions to insurance policy provisions for who is an insured/who is an approved driver. The insurance company will not do much for you if they believe they can deny coverage. Good Luck.
Of course and attorney will need to sort this out. A daughter may not have to be listed if she did not reside with her father any more. This is one avenue that would need to be explored. I would suggest if she did not live in the house, she would not be an undisclosed household member and the owner of the vehicle would then have coverage. Good luck.
Clifford M. MillerLitigation LawyerVero Beach, FLFL licensed ·
Sue the driver and owner. The driver may also end up with a judgment for punitive damages against her for DUI. The owner also, if he knew she was DUI and allowed her to driver his car anyway. There is a claim for underinsured motorist coverage if you have that coverage. There may be a claim against the person for whom the driver was doing an errand.
So, your brother should see a lawyer ASAP.
I wouldn't be so quick to accept the insurance companies interpretation of their coverage. Consult with an experienced FL personal injury attorney ASAP. They will know how to direct you.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Your brother will need to turn to his uninsured motorist coverage, or sue the owner and driver of the vehicle personally.
He should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on .com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on .com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
There could be a number of reasons why that adjuster will have to eat his/her words and cough up some coverage, but I would also like to know about the daughter and where she had been drinking. In Florida, a bartender could pour alcohol down your throat and shove you into your car and not be liable at all if you run over 100 school kids... UNLESS they knowingly served a minor or they served what is commonly referred to as a known drunkard. The law presumes these two classes of people to lack the legal capacity to resist being served alcohol, therefore whoever served them could be held liable for damages that they subsequently cause. It's a tricky area, but worth exploring.
Evaluation of a claim is based on fault (not his), assets or insurance available to the at fault parties (which doesn't stop with a carriers answer like your brother received), as well as data and story telling- mainly involving a doctor determining your permanent injuries and prognosis and the attorney using that to convince adjusters, judges or jurors that your claim has maximum value both due to your economic losses (bills and lost wages) and those you can't put into a calculator- like pain and suffering, inconvenience loss of ability to do things pain free and overall mental anguish. Give a Florida personal injury lawyer, like us, to help make that decision.
Insurance carriers and companies try to deny claims or negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors.
Even in soft tissue injuries, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time. Insurance companies want you to settle as soon as possible and treat as little as possible. Attorneys matter. They change their gameplan when a lawyer is involved. It seems like your injuries are more serious. Plus, a good lawyer will often "pay for them self" with increased offers, decreased medical bills through negotiation and knowing what insurance carriers need to see to maximize offers.
For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.
If you or your brother have any further questions, feel free to email one of us.
Your brother should immediately consult with a Florida personal injury attorney. There may be some insurance coverage from the at fault vehicle and/or it's driver/passenger. If not, your brother should investigate an Uninsured Motorist claim, if that coverage is available. Ultimately, he really needs to speak with a lawyer to sort through the coverage issues. Please let me know if you have any additional questions and good luck.
Michael
