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I’ve been in a car accident, can I receive benefits from the Bodily Injury coverage and Uninsured Motorist coverage of the same policy?

A: There is a general rule that a person injured in a car accident in Florida cannot seek benefits from both the Bodily Injury and Uninsured Motorist portions of the same policy. The Florida Supreme Court has decided that even though Florida Statute 627.727(3)(b) defines “uninsured motor vehicle” to include an insured motor vehicle covered by a vehicle covered by bodily injury limits less than the injured parties damages, it does not mean that the passenger can be eligible for benefits from both the bodily injury and Uninsured motorist coverages. This is the case because most automobile insurance policies exclude the insured motor vehicle from the definition of the uninsured motor vehicle.

There is a limited exception to the general rule. In cases where a passenger is injured by the combined negligence of the host driver and the driver of a second uninsured vehicle, the injured passenger can seek liability coverage from the negligent host drivers policy and also uninsured motorist coverage from the same policy with respect to the claim against the other negligent, uninsured driver.

If you or a loved one have been injured in a Daytona Beach car accident Attorneys it is important to discover all available insurance coverages that could provide benefits. If you have any questions, don’t hesitate to call us.

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