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Florida Court Holds Insurance Company Must Cover Golf Cart Accident

Legal News GavelAn unexpected accident can not only result in painful injuries but also lead to numerous doctors’ visits and even days off from work. If you or a loved one has been injured in an accident that was not your fault, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our seasoned Miami accident attorneys understand the nuances of Florida personal injury law and can apply this knowledge to your case. We are here to answer your questions and address your concerns.

Florida is known for its lush golf courses. While most people enjoy the activity without incident, the reality is that Florida golf cart accidents are quite common. Some of these accidents can result in serious and long-term injuries. In most cases, a person who sustains an injury can file a claim for damages against the at-fault party. The at-fault party’s insurance company will then evaluate the case and make or deny payments for medical expenses and other losses accordingly.

A Florida appeals court recently issued an opinion in a case involving a female pedestrian who suffered injuries after being hit by a golf cart. The woman was walking along a path in a retirement community when she was hit by another resident driving a golf cart. Sadly, the operator of the golf cart who caused the crash did not have enough insurance coverage to properly compensate the victim for her harm. As a result, the woman had to file a claim under her own insurance policy’s underinsured motorist (UM) provision.

The woman’s uninsured motorist carrier, Amica Mutual Insurance Company, denied her benefits for damages ensuing from the accident, reasoning that the policy did not consider a golf cart to be an uninsured “motor vehicle.” The parties could not agree on coverage and asked a court to interpret the policy.

The Court of Appeals found that the uninsured motorist exception in the insurance policy was inconsistent with the primary purpose and statutory intent of uninsured motorist coverage. Uninsured motorist coverage was designed to make sure an insured person would get the same damages he or she would have obtained had the defendant been covered by a liability policy. The court ruled that the uninsured motorist coverage must be reciprocal to liability coverage, which surpasses that required by law. Thus, the court affirmed the final summary judgment in the case awarding the woman uninsured motorist benefits under the terms of her policy.

An unexpected injury can cause a major interruption to your life, including your social life and your ability to work. If you or someone close to you has been injured in an accident caused by someone else’s carelessness, error, or wrongdoing, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our skilled Miami personal injury attorneys can analyze the facts of your case and help you understand your legal rights and options. For a free case evaluation, call us at 1-877-499-HURT (4878) or contact us online today.

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