John Doe v. Negligent Driver and Insurance Company

Just recently, our client was traveling southbound on Rock Island Road at its intersection with Southgate Boulevard in North Lauderdale in his 2008 Hyundai, Tucson SUV. As he was going through the intersection at the posted speed limit, another driver, a GEICO insured driving a 2010 Toyota, negligently made an improper turn going northwest and made a left turn in front of our client’s vehicle and violated his right-of-way.The only thing our client could do to avoid the crash was to slam on his brakes, but it was too late. The crash caused extreme property damage to our client’s vehicle, which was declared a total loss.

As a result of this heavy collision, our client suffered a shattered right ankle with a distal tibia and fibular shaft compromise requiring immediate surgical repair at Broward General. His right foot was firmly placed on the brake at the time of impact; all the energy of crash transferred from the car to the brake pedal into his foot and leg. Unfortunately, our client had to undergo a subsequent foot surgery by a specialist in Palm Beach County to further repair the extensive damage to his right leg and ankle.

The “tortfeasor” in this accident (person that was negligent) only carried $10,000 of Bodily Injury (BI) automobile insurance coverage. Fortunately our client carried Uninsured/ Underinsured Motorist (UM/UIM) Coverage with his own auto insurance carrier Progressive, who in turn paid his UIM limits of $100,000.

With UIM coverage, our client’s own insurance carrier, Progressive, “stood in the shoes” of the GEICO insured / the “tortfeasor” and provided additional auto insurance for past and future medical bills, lost wages and intangible damages such as pain and suffering, mental anguish, and inconvenience.

This case highlights the importance of having the right insurance coverage. We strongly encourage all consumers to protect themselves and their family and to purchase as much UM/UIM automobile insurance coverage as you can!

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