A woman and her 14-year-old son were severely injured earlier this week when they were walking on a sidewalk and hit by a driver who had lost control of an SUV. After striking the two, the SUV slammed into a pole. The driver of the SUV and the teen were taken to Broward Health Medical Center by ambulance. The mother of the teen was also taken by ambulance to Broward Health North. It’s unknown whether the SUV driver was insured.
Assuming that the driver of the SUV had insurance, damages claims can obviously be made against him. What comes to issue in this scenario is what remedies are available to the victims if the SUV driver had no insurance or was only covered by minimum liability no-fault insurance of $10,000. Since both mother and son were hospitalized, it’s fair to assume that the individual damages of each are going to be in excess of $10,000.
Our Ft. Lauderdale personal injury lawyers will likely tell you that if the mother owned a motor vehicle and had uninsured/underinsured insurance, both her and her son can make claims under that coverage. After the first $10,000 of the driver’s no-fault coverage, mother and son can seek compensation for their damages up to the policy limits of her uninsured/underinsured insurance, even after being hit as pedestrians. That’s because most uninsured/underinsured motorist insurance covers you when you’re a pedestrian and hit by an uninsured, underinsured or hit-and-run driver when you’re a pedestrian.
You might think that the son can’t claim through mom’s uninsured/underinsured insurance, but most insurance like that covers the insured person and any resident of their household who is a blood relative. A 14-year-old without a driver’s license or a car is usually eligible to make a claim under circumstances such as these.
A factual basis like this recent occurrence makes you want to think about having more than just minimum liability insurance for yourself. Given the large number of uninsured or underinsured drivers in Florida, you’re protecting yourself and your family by having proper motor vehicle coverage. Uninsured/underinsured motorist coverage usually even covers people on a bicycle.
The the personal injury law firm of Abramowitz, Pomerantz and Morehead, P.A., wishes both mom and son speedy recoveries. Contact us right away if you or a family member are hit by a vehicle as a pedestrian.