Stuart – Port St. Lucie car accident lawyer discusses a recent car accident lawsuit filed by Big Bang Theory actress Mayim Bialik.
According to TMZ, Mayim Bialik has recently filed a lawsuit over a car accident that happened in California in August 2012. Bialik was injured in an intersection collision with a Hertz Rent-a-Car that was being driven by Chilean tourists. A source told TMZ that Bialik's hand was injured and a finger was almost completely severed. The lawsuit is against Hertz and the driver of the other vehicle. She is suing for an unspecified amount of money that includes lost wages. She is an actress so her wage loss claim can be successful.
Generally, people injured in car accidents, caused by another person's negligence, are entitled to money for a number of categories of injuries, which include: hospital and medical expenses in the past and expenses that they would most likely need for medical care in the future, past lost wages, loss of the ability to earn money in the future, and pain and suffering. Different states have different limits or burdens of proof.
How would Bialik's case play out if she was injured in Florida? I would analyze the potential sources of recovery for Bialik. I see three potential sources of recovery:
- The Chilean citizen who was driving the other car
Odds are that this driver's car insurance from South America would not apply to an accident in the United States. Hertz probably made him/her purchase the minimum insurance required under the law. In Florida, it would be $10,000.00.
Hertz may have some liability in this matter. Florida has a doctrine called the dangerous instrumentality doctrine, which says this: an owner of a vehicle is responsible for the damages caused by a negligent driver of that vehicle. For years in Florida, rental car companies would be a source of recovery for car accident victims. This went away a few years ago with the passing of the Graves Amendment, which limits a rental car company's liability, for being an owner under the dangerous instrumentality doctrine, to $10,000.
There may also be some other theories of liability against Hertz – like negligent entrustment of their vehicle. But to be honest, the if the renter had a valid driver's license, this and other theories probably would not fly.
- Bialik's own insurance
The final source of recovery could be through Bialik's own insurance. I have preached on this blog that the sole purpose of insurance is to protect you. One of the ways that you have to protect yourself in Florida is purchase uninsured motorist coverage because most folks do not have enough insurance to pay for another person's injuries. This is especially true in somebody like Bialik's case, who makes 5 figures for each and every episode of the Big Bang Theory.
Uninsured motorist coverage will pay money for injuries above and beyond that of the at-fault party, if the at-fault party does not have enough insurance to cover.
In Florida, Bialik would be entitled to receive the following categories of money for her injuries:
- Past medical expenses
- Future medical expenses
- Lost wages
- Future loss of income, if any, and
- Pain and suffering, if she is able to show a permanent injury or significant scarring.
Hopefully, Bialik will receive the compensation that she deserves from this accident.
If you would like a free copy of my book “A Guide To Florida Car Accident Claims” give me a call or fill out the internet consultation form on the right hand side of the screen. My book will explore the issues discussed here in more detail.