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Motorcycle Accident on borrow vehicle UM policy question!! (FLA) Florida

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  • Motorcycle Accident on borrow vehicle UM policy question!! (FLA) Florida

    I was in a motorcycle accident with my fiance'...we both acquired the services of the same personal injury attorney. Turns out the at fault driver (car who ran a light and hit us) has next to no inss\urance, and the only monies that have been paid out are to my boyfriend via his own uninsured/underinsured motorist policy. My lawyer is telling me that in FLA even though my boyfriend was covered under his uninsured motorist policy (we were on a borrowed motorcycle that was not owned by him) for his vehicle (not the motorcycle in the accident) that his insurance company is not held liable to pay out the $50k un/underinsured motorist policy to me. Should I seek out another lawyer to sue my fiance's insurance company? Is my attorney not taking this route because it's the law in Florida, or because it's a conflict of interest to be respresenting the both of us? Thanks in advance!

  • #2
    How much uninsured/underinsured coverage did your boyfriend have? How much was paid out to him?
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Re

      Originally posted by Betty3 View Post
      How much uninsured/underinsured coverage did your boyfriend have? How much was paid out to him?
      As mentioned in the original post it was a $50k UM policy. It's $100k aggregate, so I could have been paid the policy maximum as my fiancé was: $50k.

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      • #4
        Per my reference on Fl., it looks like you have to be a named insured under the policy to collect on uninsured/underinsured coverage - generally is the insured & other household members.

        Do you have an ins. co. you can try submitting a claim to where you are the covered insured?

        You can get another lawyer's opinion. That is just what my ref. says.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Re

          While I was not under his policy, I have been living with him for over two years at the time of the accident...so I would be a 'household member'. I have auto insurance through my parents and they do not have an under/uninsured motorist policy so I don't have a claim to make to my own insurance company. So since I was a member of the same household (I've read several case laws about this type of situation, but never with a borrowed, IE not the policy holder's vehicle) does that mean I should try and fight for the $50k UM and/or more?

          Comment


          • #6
            It may depend on if you were "actually listed" as a covered member on the ins. That's what my ref. says - need to be listed as a covered member -- generally people listed as covered members are the insured & the insured's household/family members.

            You might run it by a different attorney/have an attorney read the policy or read it yourself. (See what the policy says re covered members & ask the attorney re borrowed vehicles-there might even be something in the pol. re borrowed vehicles.)

            Your lawyer might have already mentioned this but you could sue the person who hit you. However; if the person didn't have ins., it's doubtful they have any money to sue for.
            Last edited by Betty3; 03-24-2012, 04:22 PM. Reason: add info
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

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