Proudly serving the State of Florida since 1985

Call for a Free Consultation 386-255-6400

Bodily Injury Coverage and Uninsured Motorist Coverage?

I’ve been in a car accident, can I receive benifits 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 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 it is important to discover all available insurance coverages that could provided benefits. If you have questions, don’t hesitate to call

ADA Disclaimer:
Destinie Law is in compliance with the Americans with Disabilities Act (ADA) and all applicable website standards including WCAG 2.0. It does not discriminate on the basis of disability. If you have any issues observing the content of this website, please contact us. Upon request, reasonable accommodations will be made.

Copyright © 2019. All Rights Reserved.