I settled this case for $325,000 after a careless driver struck our client, a pedestrian, who was standing next to his rental car in Coconut Grove, Florida. Settlement is before deduction for attorney’s fees and expenses. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result.
A diagram of the accident is below.
His lower leg (tibia) was broken (fractured) in the accident. My client was visiting Miami-Dade County, Florida from another country. At the hospital the orthopedic surgeon drilled an intramedullary rod and an external fixator into the injured man’s tibia so that his tibia could properly heal. You can see the external fixator in the picture below.
You can see what the external fixator and the intramedullary rod looked like inside his leg in the picture below.
The external fixator was removed months following the accident, but rod and screws were left in his upper tibia. You can see this in the picture below.
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 the rental car company for the driver, I 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. I 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.
I 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. I 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.
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.
Were you injured in a motor vehicle crash or other type of accident?
Check out some of the many Florida injury cases that we have settled including, but not limited to, car accidents, truck accidents, motorcycle accidents, pedestrian accidents, bike accidents, drunk driving accidents and much more.
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