Is Your Accident Covered?
Posted By Robert Sparks || Mar 13, 2013
In the State of Florida, victims involved in car accidents arising from an automobile need only show a minimal casual connection between the use of the vehicle and the actual injury sustained. Most auto insurance policies do not define the term accident and therefore disputes relating to insurance coverage is defined by statutory and case law authority.
It is well settled case law that general rules of construction for insurances policies apply to the undefined term "accident", and that the term should be construed liberally in favor of the insured. Generally, for the insurance policy in question to provide coverage there must be a causal relationship between the accident and the ownership, maintenance, or use of the motor vehicle. Further, the accident must arise out of the use of the automobile.
While some may view the coverage definitions as having a limiting effect the opposite can be argued. In fact, Florida case law provides that the definition of “arising out of” depends on whether the injury was a reasonably foreseeable consequence of the use, ownership, or maintenance of the vehicle. Courts have held that the automobile need not be the instrument that caused the injury and further the type of conduct that caused the injury does not need to be the foreseeably identifiable with the normal use of the vehicle.
As a result of Florida’s automobile insurance laws it is important that each policy is reviewed and all of the facts of the case are explored. In many instances a thorough and complete investigation may yield insurance coverage to the injury party that may have otherwise been missed. If you have a question as to whether your accident is covered we invite you to call Givens Givens Sparks for a free case evaluation.