I settled a case for $325,000 for a pedestrian whose lower leg was hit by a car in Coconut Grove, Florida. His lower leg (tibia) was broken (fractured) in the accident. My client was visiting Miami-Dade County, Florida from another country.
As you can see from this settlement, a pedestrian that was visiting Florida and hit by a car may have a case. Learn more about the settlement value of a broken lower leg as a result of an accident in Florida caused by someone else.
There is a diagram of the accident at the bottom of this article. The pedestrian was placing a parking ticket in his car when he was hit by a federal government employee that was carelessly driving. The driver was given a ticket for careless driving. The driver of the car stated that he was cut off by a phantom vehicle that left the scene. I wrote an article titled “Is a Driver at Fault For Hitting A Pedestrian in Florida?”
The client’s medical bills were about $140,000 but were reduced to $75,000 after I negotiated them down. The driver of the car was working for the federal government at the time of the accident. The pedestrian was a foreigner who was visiting Florida at the time of the accident.
In Florida, uninsured/underinsured (UM) motorist coverage in an auto insurance policy pays for your injuries if you are a pedestrian and you are hit by a motor vehicle (car, truck, motorcycle, bus, etc.) In this case, the pedestrian was sure that he did not purchase uninsured motorist insurance on his rental car but his attorney wrote a letter to the rental car company asking for all insurance which may provide coverage for this accident. It turned out the he had purchased $100,000 of UM coverage for his rental vehicle.
The driver of the government vehicle had also rented a car. After writing a letter to rental car company for the driver, the pedestrian’s attorney discovered that there is a government contract on rental cars that provides for $100,000 of bodily injury liability insurance for all cars rented by a government employee for work purposes. I demanded this amount and the insurance company (Philadelphia Insurance Company) paid these limits after I filed a civil remedy notice.
Because the other driver was working at the time of the accident, the United States was responsible for the pedestrian’s injuries. The pedestrian’s attorney gave notice of the claim (Form 95) and pursuant to Federal law the US had 6 months to respond to the notice and make an offer.
In Florida, if you have uninsured motorist insurance coverage and the person/company at fault is self-insured, your UM insurance company is responsible for paying your claim and you do not have to make a claim against the driver (or company) who caused your accident. In Florida, all city, county or federal employees (while working) are considered self-insured. The attorney for the pedestrian demanded the $100,000 limits of uninsured motorist coverage and gave the insurance company (Ace American Insurance Company) 30 days to respond.
The UM insurance company did not respond within this time so the attorney served a civil remedy notice to the uninsured motorist company. The UM auto insurer paid the $100,000 limits close to the time where the civil remedy expired. I sent a letter to Ace Insurance demanding within 30 days that they match the $100,000 offer from the other rental car company or they waive their right to subrogation.
At the expiration of the 6 month notice of claim to the US government I had not received an offer so he sued the federal government. The pedestrian’s settled the claim against them for $125,000 before the Plaintiff’s deposition was taken so that the foreigner did not have to fly back to Miami to have his deposition taken by the defense attorney.
I have settled many cases in personal injury cases in Florida. You can also learn more about the settlement values for different types of injuries in a Florida accident case.
I want to represent you if you were injured in a car accident, truck accident, motorcycle accidents, slip and fall accident or any other type of accident in Florida or on a cruise ship (or boat). Get a Free Consultation Now!