Recently TV’s Matt Fisher, a Comedian, was making headlines regarding the seeming inconsistency of how his sister’s insurance carrier, Progressive, was defending the person who killed her in a car accident by running a red light, in her Estate’s personal injury court case.
Back in 2010 Matt Fisher’s sister was killed while driving through an intersection with a green light, by an underinsured driver who had allegedly ran a red light. The insurance company for the wrongdoer tendered all of the wrongdoer’s liability insurance benefits (not enough); and thereafter his sister’s estate went after her underinsured motorist benefits through Progressive Insurance Company.
To their surprise, Maryland law required that the Estate sue the wrongdoer in Court even though his insurance company had settled with them, before being able to sue Progressive for underinsured motorist benefits. What furthermore surprised this aggrieved sibling was the fact that his sister’s own insurance company then took the position that it was his deceased sister who was responsible for her own death and began to zealously defend the wrongdoer responsible for her death.
While in Florida one is not permitted to join in the wrongdoer in a lawsuit for underinsured motorist benefits, if they settled with that person and released him, or her, a similar fault scenario will likely occur here. Once a claim is brought against your underinsured motorist carrier, in Florida that insurance company takes on an adversarial position with you, and they are no longer your friend, your “good neighbor” nor your fiduciary. Quite the contrary that insurance company treats you exactly as an adversary.
Which highlights a very significant point that whether you are bringing an insurance claim against the wrongdoer’s company and seeking his insurance benefits, or bringing a claim against your own insurance carrier for underinsured uninsured motorist benefits, you are always in an adversarial position with your own automobile insurance carrier.
As such it is important to realize that just like the insurance carriers you should be aware of this reality and have appropriate legal representation to make sure that your legal rights are protected.
For further information please free to contact the Weston Auto Accident Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at email@example.com