Although most drivers do their best to drive carefully and safely to avoid accidents, automobile collisions are still unfortunately quite common. These accidents can cause incredibly costly injuries, and many times drivers rely on insurance companies to cover these costs. In Florida, drivers have the option to buy uninsured motorist coverage from their insurance provider. This coverage specifically protects drivers if they get into an accident with an uninsured driver who, because of their lack of insurance, does not have the funds to cover the resulting injuries. This coverage is optional in Florida, but many drivers choose to purchase it to protect themselves and their loved ones in the case of an accident with an uninsured driver.
In a recent case, a Florida Appellate court considered whether or not an accident occurring in a mobile gym located in the back of a truck is covered under an auto insurance policy that includes this type of uninsured motorist coverage. According to the court’s written opinion, the client was injured when she was training in a mobile gym. The owners of the gym installed workout equipment in the back of a truck, which they would drive to various locations and then use in training sessions with clients while parked. The plaintiff was training in the gym when she suffered permanent injuries, allegedly from her trainer’s negligence. She brought suit against the trainer and the gym owners, and those suits were settled.
However, the plaintiff also brought suit against her insurance company, arguing that the mobile gym was an “uninsured auto” under her policy, which provided coverage for injuries caused by accidents with the owner or operator of “an uninsured auto arising out of the ownership, maintenance, or use of that auto.” Her insurance company filed for summary judgment, which was granted in the lower court. The plaintiff then appealed.
On appeal, the court found that her policy did not provide coverage in this case because it clearly stated that the term “uninsured auto” does not include a vehicle “located for use as a residence or premises.” Because the clients only used the mobile gym when it was parked and stationary, the court reasoned that the plaintiff was using it as a premise when she was injured, and thus her policy did not cover this claim. As such, even though the plaintiff was injured through the use of a vehicle, she could continue in her claim against her insurance company.
Are You In An Insurance Dispute With a Florida Insurance Provider?
In the aftermath of a Florida car accident, medical costs and lingering injuries can drastically disrupt a victim’s life. This can be worsened by a dispute with an insurance provider over what coverage is deserved. If this situation is happening to you, contact the Law Offices of Robert Dixon. Our Miami personal injury attorneys understand how to work with difficult insurance companies and will advocate zealously on your behalf. Having worked on Florida injury cases for many years, our attorneys understand the nuances of Florida personal injury law inside and out. To learn more and discuss your case with an attorney, call us at 1-877-499-HURT (4878) today.