William Britton died as a result of a car accident in Winter Haven, Florida on March 28, 2017. Britton was speeding on Cypress Gardens Boulevard in a 2017 Hyundai Santa Fe when he crashed into a 2016 Nissan Rogue driven by Irene Foldvary near the intersection with Helena Road. The accident happened at approximately 6:45 p.m. Foldvary was transported to Winter Haven Hospital with “minor” injuries. Jonel Altrig Dorce was a passenger in Britton’s vehicle and was transported to Lakeland Regional Health Medical Center and is reported to be in stable condition.
What Are The Legal Claims?
While we do not know why Mr. Britton was driving so recklessly, both people injured by this incident have legal claims against Mr. Britton’s estate for the negligence involved in causing this accident. Presumably, Mr. Britton has insurance to cover this incident, however, we cannot say how much the insurance policy limits are.
Ms. Foldvary has a traditional legal negligence claim against Britton for his driving that resulted in this collision. She may also have uninsured or underinsured motorists (UM) coverage to pay damages above and beyond those covered by any liability insurance that Mr. Britton may have had.
Secondly, Mr. Dorce has a right to sue Mr. Britton as he was a passenger in Mr. Britton’s vehicle at the time of the accident. As such, he is entitled to make a claim for any automobile liability insurance that Mr. Britton had plus any other coverage, such as UM insurance, that may apply to him. Under the circumstances involved, Mr. Dorce will not be entitled to both bodily injury liability coverage and UM coverage (if applicable) from the same policy.
Applicability Of Florida No-Fault Law
Additionally, each injured person should have access to Personal-Injury-Protection coverage (PIP or “no-fault” insurance) from their respective automobile insurance policies. Many people do not realize that no-fault coverage is paid from their own insurance policy regardless of whether they are a passenger in someone else’s vehicle or whether the accident was not their fault.
No-fault does not mean that it only pays when the accident was not your fault. Instead, no-fault insurance pays REGARDLESS of fault.
Applicability And Importance Of Health Coverage To Car Accident Cases
Many people do not realize that their health insurance coverage will cover an accident after no-fault benefits are exhausted. All private health insurance companies in addition to Medicare and Medicaid have an obligation to pay medical expenses after PIP has run out. It is important to know that you are not required by Florida law to re-pay your PIP benefits but you are required to re-pay amounts paid by private health insurance, Medicare, and Medicaid if you receive a settlement after a car accident.
Reach Out To A Lakeland Car Accident Attorney For Help With Your Winter Haven Car Accident Case
If you have been injured in a Winter Haven car accident, you should contact a car accident attorney for a free review of your case to see what damages and insurance is collectible. Contact a Lakeland car accident attorney to schedule your free case review today.
— Amy Gehrt (@AmyGehrt) March 29, 2017