Uninsured motorist coverage is the most important automobile insurance you can purchase for you and your family. Uninsured motorist coverage is not required by Florida law, but rather is an option which you must request at the time that you purchase the insurance for your car. This coverage is typically not included when the insurance agent tells you that you are purchasing "full coverage," which usually is just the required minimum insurance of PIP and property damage for the other car involved in the accident.
Uninsured motorist coverage protects you, members of your family who reside in your home, and passengers in your car in the event that you are injured through the negligence of another driver who does not have insurance or enough insurance to compensate you for your injuries.
The following article from the Gainesville Times on October 24, 2009, demonstrates the importance of purchasing uninsured motorist coverage for your car.
A Hall County jury awarded $166,000 this week to a Winder woman who was injured in a car crash caused by a drunk driver.The award included $125,000 for the pain and suffering of Debra Thornton, 57, who continues to suffer pain and loss of motion in an ankle that was broken in an open compound fracture.
The wreck occurred on the afternoon of Jan. 31, 2007, on Candler Road. Jesus Herrera was driving a Chevrolet Tahoe north when he struck a Honda Civic that was stopped to make a left-hand turn, said Thornton's lawyer.
The force of the impact knocked the Honda into the oncoming lane, where it struck Thornton's PT Cruiser. Three passengers in the Honda also were injured, and one had to be airlifted to a hospital.
Herrera, 50, fled the scene of the accident but was caught. He had a blood-alcohol content of .231 grams, nearly three times the legal threshold of DUI, at the time of the 5:30 p.m. crash.
In November 2008, Herrera pleaded guilty to DUI, serious injury by vehicle and other offenses and was sentenced to five years in prison followed by five years of probation.
Herrera was insured, but only carried minimum liability coverage of $25,000, which went to the family injured in the Honda, McKay said.
Thornton has underinsured motorist coverage through her carrier but took the case to court for a jury to decide the amount she should receive.
Herrera, who is serving his prison sentence, was brought to the three-day civil trial each day from the Hall County jail.
"On behalf of the plaintiff, we are pleased with the jury's verdict," McKay said. "The jurors recognized the genuineness of Debra's pain and suffering in their general damages portion of the verdict."
McKay said the case stressed the need for drivers to have adequate underinsured motorist coverage.
"It's not required by law, but it is an awfully good idea to have it in order to protect yourself," McKay said.
This case is typical of many automobile accidents in Dade and Broward counties where too few drivers purchase liability coverage with enough in policy limits to cover the injuries they cause.
It is important to remember that the worse the driver, the higher this person's insurance premiums will be, and the less likely they will be to purchase enough in liability insurance. Without this liability coverage, there will probably be no way to collect against a negligent driver unless you have purchased uninsured motorist coverage from your insurance carrier.
With over 50 years of collective service to the South Florida community, the law partners at The Ben Law Firm have helped thousands of clients to obtain money compensation for their personal injury and wrongful death claims.
All of the firm's partners have received the prestigious "AV" rating from Martindale-Hubbell Law Directory, which is a recognition by their peers in the legal community that their practice meets the highest professional and ethical standards.
Please visit our website at Injured.com or you can contact us directly.
