News & Analysis as of

Car Accident Uninsured and Under-Insured Motorists

Searcy Denney Scarola Barnhart & Shipley

15 Reasons Why the Other Driver Could Be Responsible for Your Car Accident in Florida

If you’ve been injured in a car accident in Florida, can you file an insurance claim? While you can always seek coverage under your own collision and personal injury protection (PIP) policies, car accident victims can file...more

Maison Law

Uninsured Motorist Coverage in California: What You Need to Know

Maison Law on

It is a horrible feeling to get into an accident and then realize that the other driver is either not insured or is not insured enough to provide you with the reimbursement that you deserve. That is where uninsured and...more

Marshall Dennehey

Connecticut Court Denies Summary Judgment in Uninsured Motorist Claim Over Unexhausted Coverage Limits

Marshall Dennehey on

Latney v. Fernandez, 2025 WL 457693, No. HHD-CV-23-6168441S (Sup. Ct Hartford, Feb. 6, 2025) - The Superior Court of Connecticut denied a motion for summary judgment to dismiss a claim for uninsured motorist benefits because...more

Rodemer Kane Attorneys at Law

What Happens When an Uninsured Truck Driver Gets Into an Accident in Colorado?

Colorado sees a lot of commercial truck traffic as cargo is moved from south to north and east to west across the state. Highways such as the I-25, or I-70 are very busy. But what happens if a truck driver gets in an...more

Carlton Fields

Seventh Circuit Holds Liability Carrier Did Not Act in Bad Faith by Paying Underinsured Motorist Benefits After Four Years of...

Carlton Fields on

In Wolf v. Riverport Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s holding, under Illinois law, that an underinsured motorist insurer did not breach its insurance contract, and no implied...more

Searcy Denney Scarola Barnhart & Shipley

How to Handle Accidents Involving Uninsured or Underinsured Drivers in Florida

Accidents are stressful under any circumstances, but they can become even more complicated when they involve uninsured or underinsured drivers. In Florida, a state known for its high rate of uninsured motorists, understanding...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Finds Exclusion Of Stacking Void, Allowing The Insured To Stack UIM Benefits From The Policy From...

Houston Harbaugh, P.C. on

In Erie Insurance Exchange v. Hannah Baluch, ___ A.3d ___, 2025 WL 22562 (Pa. Super. Ct., Jan. 3, 2025), the Pennsylvania Superior Court addressed whether an insured with her own automobile insurance policy is entitled to...more

Marshall Dennehey

Uninsured Versus Underinsured? There is a Big Difference, and the Jury Should Know!

Marshall Dennehey on

GEICO General Insurance Company v. Tsao, Fla. 5th DCA, No. 5D2023-0645, December 6, 2024 - The Fifth District Court of Appeal reversed a jury trial verdict in favor of the plaintiffs/insureds in an underinsured motorist case...more

JUSTICENTER

Average Car Accident Settlement in California

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Car accidents are a common occurrence in California. If you or a loved one has been injured in a car accident, you may be wondering how much you can expect to receive in a potential car accident settlement. The average car...more

Marshall Dennehey

A Claim for Bad Faith Must Be Plausible, Not Just Possible

Marshall Dennehey on

Hampton v. Progressive Insurance Company, Slip Copy, 2024 WL 2301366 - Robert Hampton purchased up to $15,000 in underinsured motorist coverage from Progressive for losses incurred in 2023. Steven Vicioso caused his car to...more

Marshall Dennehey

Superior Court of Connecticut Granted Summary Judgment in Negligent Entrustment Action Where Plaintiff Sought to Sustain Their...

Marshall Dennehey on

D’Elia v. Liberty Mutual Insurance Company et al., 2024 WL 2931140 (Sup. Ct. Waterbury, June 3, 2024) - In this matter, a vehicle rented by defendant ELRAC, LLC to Mr. Edreice Harrell, but operated by an unknown driver, was...more

Searcy Denney Scarola Barnhart & Shipley

Proving a Hit and Run in Florida: What Evidence is Needed?

If you were injured in a hit-and-run accident in Florida, you will need evidence to file an insurance claim. While your personal injury protection (PIP) policy should provide a small amount of coverage regardless of what...more

Maison Law

Your Legal Obligations Following a California Car Accident

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California automobile accidents can have serious physical, financial, and legal repercussions. If you get involved in a car accident while you’re driving, you need to be aware of your legal obligations so you can protect your...more

Maison Law

Personal Injury Claims Involving Uninsured Drivers in California

Maison Law on

In most states, drivers must have automobile liability coverage to pay damages caused by a driver's negligence. Failure to do so can result in fines and denial of registration. According to the Insurance Information Institute...more

Cranfill Sumner LLP

North Carolina Supreme Court Rules Stacking of UIM Coverage Is Not Permitted When Determining Whether a Vehicle is Underinsured

Cranfill Sumner LLP on

In N.C. Farm Bureau Mut. Ins. Co. v. Herbert, the North Carolina Supreme Court held that UIM policies cannot be stacked when determining whether a tortfeasor’s vehicle is underinsured. The decision upends almost 30 years of...more

Ward and Smith, P.A.

Significant Legislative Changes for North Carolinians Injured in Car Accidents

Ward and Smith, P.A. on

Each state has its own specific set of car insurance laws laying out certain requirements for its residents. In 2023, North Carolina passed notable legislative changes to the State’s car insurance laws, increasing the minimum...more

Butler Weihmuller Katz Craig LLP

One Or More Accidents Or Occurrences – That Is The Question – REDUX

Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District...more

Searcy Denney Scarola Barnhart & Shipley

FAQs: What You Need to Know After a Car Accident in Florida

Dealing with the aftermath of a car accident is never easy. Even when you are involved in a minor fender-bender, dealing with the insurance companies and getting your car repaired can be a painful and difficult process. But,...more

Marshall Dennehey

The Superior Court of Connecticut Accepts All of Plaintiff’s Subjective Complaints at Face Value.

Marshall Dennehey on

Puglia v. Safeco Ins. Co. of Illinois, 2023 WL 8059335 (Sup. Ct. New Haven, Nov. 15, 2023) - This matter involved a simple uninsured motorist claim and damages dispute between the insured plaintiff and her insurance company....more

Marshall Dennehey

Superior Court Holds that MVFRL Does Not Require Insurers to Provide a Later-added Named Insured Notice of Opportunity to Elect or...

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Golik v. Erie Ins. Exch., 300 A.3d 514 (Pa. Super. Ct. Aug. 7, 2023) - Mr. Golik was issued an auto insurance policy by the defendant in 1992. After marriage, Mrs. Golik was added to the policy as a named insured. Mr. Golik...more

Segal McCambridge

Michigan Court of Appeals Expands Unlawful Taking Rule

Segal McCambridge on

Under the Michigan No-Fault Act certain situations will disqualify a person from receiving Personal Injury Protection/Personal Protection Insurance (“PIP”) benefits....more

Carlton Fields

Fifth Circuit Holds No Uninsured Motorist Coverage for Lyft Driver Following Crash

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In Neptune v. Indian Harbor Insurance Co., the Fifth Circuit Court of Appeals recently addressed whether uninsured motorist (UM) coverage applied in an accident where there was no evidence of a “hit” from the uninsured...more

Searcy Denney Scarola Barnhart & Shipley

What You Need to Know About Florida’s No-Fault Car Insurance Law

Florida is in a minority of states which employ a “no-fault” personal injury system. This results in car accident victims first having to file a claim against their own insurance before submitting a claim to a defendant’s...more

Marshall Dennehey

Pennsylvania Superior Court Addresses Stacking Waivers in Single Vehicle Policies

Marshall Dennehey on

In Erie Ins. Exchange v. Backmeier, __A.3d__, 2022 Pa. Super. 221, the Pennsylvania Superior Court applied Pennsylvania Supreme Court precedent to determine that an insured’s waiver of stacking, executed on two single vehicle...more

Butler Snow LLP

Eleventh Circuit Affirms Summary Judgment for UIM Insurer in Alabama Bad Faith Case.

Butler Snow LLP on

In a recent unpublished opinion, the 11th Circuit upheld summary judgment for an auto insurer on claims of breach of contract, bad faith and outrage stemming from an underinsured motorist (UIM) claim. Voss v. State Farm Mut....more

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