Florida injury and accident lawyer, Guy S. DiMartino discusses how insurance drives the value of a case and the lack of insurance kills a case.
When an injured person hires a personal injury lawyer, the lawyer's first order of business is to determine the potential negligent parties and investigate whether or not they have insurance to cover the loss. Under Florida law, an insurance company or corporation has 30-days in which to provide an affidavit of insurance coverage. See 627.4137, Florida Statutes.
Most of the time, the extent of available insurance coverage provides the ceiling for the client's recovery. This is especially true in today's economy. The client can have the greatest personal injury case, however, if there is no available insurance coverage – there may be little an attorney can do for the client. Let me tell you a story to illustrate a point.
I was recently retained by a client who had severe injuries. The value of his/her case was about $250,000-$300,000. The person who caused the accident had $10,000 in insurance. He owned the car, was not on the job, and had no assets. The client also didn't have any type of insurance that would help compensate him/her for the loss. We were only able to obtain the available $10,000 for the client even though his/her claim was worth much more.
Over the last year, probably because of the economy, I had to tell a number of clients that there was nothing we could do for them and they did not have a viable case because the person who caused their injury was uninsured and judgment proof. No Insurance – No Case.
It is very important for all drivers in Florida to purchase uninsured motorist coverage so if they are injured by an uninsured or underinsured driver, they will have the ability to receive compensation from their insurance company.
If you have any questions about a Florida personal injury case, give me a call at (352) 267-9168 or fill out the Internet consultation form on the right.