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  1. #1
    Join Date
    Mar 2012
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    2

    Default Uninsured Motorist Policy Coverage for Passengers in Borrowed Vehicles

    My question involves an injury that occurred in the state of: 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. #2
    Join Date
    Jan 2010
    Location
    North East
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    1,979

    Default Re: Uninsured Motorist Policy Questions in Fla

    His insurance company will only pay out to him as he is the insured. Do you have your own automobile insurance, if so, that is who you need to go after, or you will need to sue the person that ran the red light.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  3. #3
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Uninsured Motorist Policy Questions in Fla

    You could make claims against the at fault party, your own UM coverage or possibly the UM coverage on the bike you were riding. Your boyfriend's UM policy doesn't cover people he knows that are injured in car wrecks on other peoples' motorcycles. I've also seen passengers make claims against the liability coverage of the motorcycle in cases like this. Typically, it's just denied but results vary.

  4. #4
    Join Date
    Mar 2012
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    2

    Default Re: Uninsured Motorist Policy Questions in Fla

    Quote Quoting Who'sThatGuy
    View Post
    His insurance company will only pay out to him as he is the insured. Do you have your own automobile insurance, if so, that is who you need to go after, or you will need to sue the person that ran the red light.
    Can I go after my auto insurance if I did NOT have UM coverage? I'm under my parent's insurance and they suck at life and run the lowest possible coverage one could in FLA...ergo no UM. And our attorney did an asset investigation and the kid who hit us is a 29 year-old unemployed shit head who lives at his father's house and is covered under his insurance. He pays $600 a month for child support, which is about equal to his unemployment check. So we also have the option of suing his father....sooo onto his asset investigation: He's a Puerto Rican immigrant who owes 2.5x what his $80k home is worth. He owes another $112k to some credit union in Kissimmee for a restaurant that he owned that took a dump. He also gets paid unemployment (I was denied originally and all appeals shot down for unemployment for myself since this accident caused me to not be able to work) every month and states he has $10k in the bank. The leeches on this economy such as this family make me sick...especially now that it's effecting the rest of my life. Because of this family I will never bend my right leg past 90 degrees again, and therefor will always have to walk with a cane. I'm a 23 year-old ex cheerleader/dancer and still cannot work. His negligence broke my femur in three places, shattered my patella (knee cap), fractured my elbow, three vertebrae in my lower back, and I've got about ten scars from the multiple surgeries. I feel like at the end of all this, owing money to MY insurance company for something someone else was at fault for...AND having to live with all this for the rest of my life is an unbearable thought and makes me wonder what the hell we as Americans are doing wrong...both allowing these people to come into our country and add to our economy's collapse, as well as not making insurance companies fit the bill for situations like this. We set ourselves up for disaster and don't even ensure that it'll be taken care of when the inevitable happens.

  5. #5
    Join Date
    Jan 2010
    Location
    North East
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    Default Re: Uninsured Motorist Policy Questions in Fla

    You sue the parents and have a lien placed on the home as well as garnishing wages. They may not have the money now, but one day when they sell the house, they will have the money and your lien will insure that you get paid what is owed to you.

    You would be in a bad situation if there wasn't any assets involved, but that home and the business (if still functional) helps you out.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
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    14,798

    Default Re: Uninsured Motorist Policy Coverage for Passengers in Borrowed Vehicles

    I can understand you being angry that you were hit by someone without insurance. I also sympathize with a life of pain from your accident. I suffered the same type of outcome a few decades ago. That said, don't allow yourself to place the blame for being in a motorcycle accident on anyone other than you. You were the one who accepted the risk involved in riding on a bike. It is well known to have life altering and hazardous outcomes.
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
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