In December 2014, Mr. H. was standing outside his vehicle getting ready to open his car door for his wife who had recently undergone hip replacement surgery when the driver of a Hyundai jumped a curb in the church parking lot and rammed Mr. H.’s vehicle – trapping Mr. H. between the vehicles.
Eyewitnesses, including an off-duty PBSO Captain, confirmed that the driver continued to accelerate forward and spun his wheels after initially striking Mr. H.’s vehicle; this caused the vehicles to act as a vice, closing around Mr. H.’s leg and hip. At one point, the off-duty Sheriff’s Captain had to reach into the driver’s vehicle to try to get his foot off the accelerator. This crash was very traumatic also for Mrs. H. as the other driver revved his engine, and Mrs. H. was stuck in the vehicle unable to help her husband.
Below is a photograph demonstrating the property damage caused by Mr. H.’s body while pinned between vehicles:
Immediately after the crash, Mr. H. was transported to JFK Medical Center. Mr. H. was diagnosed with lumbar spine pain with radiculopathy, x left knee lateral tibial plateau fracture, and a meniscus tear, as well as a crush injury to the left knee and thigh.
Following emergency treatment, Mr. H. endured months of physical therapy. Mr. H. continued to experience difficulty sleeping as a result of the discomfort and knee pain. Doctors recommended a left knee arthroscopic surgery with a partial medial meniscectomy. Shortly, thereafter, Mr. H. underwent the recommended knee surgery.
Mr. H. sought representation from Murray Guari Trial Attorneys PL to bring an action against the driver who hit him. Attorney Scott Murray diligently initiated a thorough analysis and reconstruction of the accident focusing on the damage to the vehicle, eyewitness testimony, and the available automobile liability insurance coverages.
Mr. Murray’s investigation revealed that the driver of the Hyundai had minimal Bodily Injury (BI) coverage. Thankfully, Mr. H. carried significant Uninsured Motorist (UM) automobile insurance coverage to protect him and his family from this type of situation.
Upon successfully obtaining the limited, Bodily Injury (BI) automobile insurance policy limits from the negligent driver,
Attorney Scott Murray and his team negotiated with Mr. H.’s Uninsured/Underinsured Motorist (UM/UIM) carrier – for several months, and resolved Mr. H.’s claim for a total of $155,000.
This case is a perfect example of how Uninsured/Underinsured Motorist (UM/UIM) auto insurance coverage – though it is not required under Florida law – best protects you and your family from an underinsured/uninsured driver. When you are renewing and/or analyzing your existing auto policy, do not reject UM/UIM coverage!
