Here in Orlando, drivers are obligated to have a certain level of car insurance to drive on our roads legally. So when the unexpected auto accident occurs, the insurance company will financially cover of the expenses incurred by the accident victims.
Unfortunately, insurance companies often deny claims or don’t always take care of all the cost related to the accident. If this happens, the injured victims are allowed to file a lawsuit, requesting the court to instruct the insurance company to comply with their policy.
Etherton v. Owners Insurance Company
Donald Etherton received back injuries after his vehicle was rear ended. The injuries he sustained were serious enough that he had to endure three surgeries. Though the motorist who was liable for the accident had insurance, the policy had very low limits. A settlement was agreed upon for $250.00.
This did not compensate for all of Mr. Etherton expenses. So, he also filed a claim with his insurance company. After several unsuccessful attempts to negotiate with his insurance company, they offered Mr.Etherton a settlement that was $600,000 less than what he wanted to receive.
The insurance company questioned whether the victims injuries were due to the accident.
Mr. Etherton still tried to work with his insurance company for a settlement that was satisfactory to both parties, but failed. He finally filed a lawsuit against his insurance company for both breach of contract to compensate for his injuries and unreasonable delay of a claim.
The jury agreed with Mr. Etherton on both claims and awarded him $2,250,000. The insurance company claimed the trial court erred and filed an appeal, but loss. They are now legally obligated to pay the total amount to Mr. Etherton.
If you have been injured in a car accident, the last thing you want is to go back and forth with insurance companies. It can be frustrating and overwhelming. The experienced law firm of James P, Kelley can help you cut through all the red tape and get you the compensation you deserve.