Fort Myers car accident

The Vital Importance of Uninsured/Underinsured Motorist Stacking Coverage

October 26, 2023 | Associates and Bruce L. Scheiner

In today’s bustling world, where vehicles are an integral part of our daily lives, accidents can happen in the blink of an eye. While we hope that everyone on the road is adequately insured, the reality is that not all motorists carry sufficient insurance coverage to protect themselves and others. That’s where Uninsured/Underinsured Motorist (UM/UIM) stacking coverage comes into play, and its importance cannot be overstated.

In the 50 years we’ve been in Southwest Florida, we have seen countless clients struggle with the aftermath of accidents involving uninsured or underinsured motorists. In this blog post, we aim to shed light on the significance of UM/UIM stacking coverage and why every responsible driver should consider adding it to their auto insurance policy.

Understanding Uninsured/Underinsured Motorist Coverage

Perry v. Asphalt & Concrete Servs. – Insurer Info in Injury Litigation

April 15, 2016 | Associates and Bruce L. Scheiner

You may have wondered why in injury litigation, we refrain from naming the insurer in the initial action. This is why, for example, you will see spouses suing each other for crash-related injuries, rather than suing the insurance company – even if that’s ultimately the goal.

The reason has to do with the fact that courts have found that the presence or lack of an insurance policy can be prejudicial in a civil case. The thinking is that if a jury is aware that a defendant has ample insurance, they may be more likely to award much higher damages to the victim than they would if they knew the defendant has no insurance and would be personally liable to pay damages.

The courts take this matter extremely serious, which is why the Court of of Appeals of Maryland (the highest court in that state) recently affirmed a reversal of a truck injury verdict and remanded the case for a new trial for a violation of this standard. The court noted that lack of insurance coverage is irrelevant and inadmissible in a lawsuit alleging negligent hiring where the evidence doesn’t establish the proximate cause of plaintiff’s injuries. Continue reading ›

Fridman v. Safeco Ins. Co. of Ill. – Insurance Bad Faith

March 12, 2016 | Associates and Bruce L. Scheiner

Despite slogans that promise to be “on your side,” “like a good neighbor” and to keep you “in good hands,” auto insurance companies do not have your best interests at heart. Time and again, we see examples of insurance companies doing everything in their power to low-ball customers or outright deny legitimate claims.

They hope you’ll eventually give up and take less than what you’re owed. At Associates and Bruce L. Scheiner, Attorneys for the Injured, we make it our top priority to make sure that doesn’t happen.

When an insurer is playing hard ball, one avenue of recourse is a bad faith claim. Insurance companies owe a duty to consumers to act in good faith toward their insureds. That means if they delay, discount or deny payment without just cause, they may be required by courts to pay triple damages. Continue reading ›

Wuthrich v. King County – Duty of Government to Control Vegetation

February 19, 2016 | Associates and Bruce L. Scheiner

You approach an intersection and stop at a stop sign. You try to look both ways, but there is a huge bush in your away. You inch forward and still don’t see anyone, so decide to proceed. BAM! A motorcycle seemingly blasts out of nowhere and strikes your rear driver’s side door.

This is what happened to one of the defendants in Withruch v. King County, a case recently before the Washington State Supreme Court.

Central to this case was whether the county could be held at least partially liable for injuries to the motorcyclist for failure to ensure site lines at the intersection were clear. We know that a municipality’s duty to maintain roads in a reasonably safe condition for ordinary travel isn’t limited to the asphalt. So if there is vegetation by the road that is blocking one driver’s view of oncoming traffic, that is a situation where reasonable action is needed to remedy the problem. Continue reading ›

Hampton v. County of San Diego – Overcoming Design Immunity in Accident Lawsuits

January 8, 2016 | Associates and Bruce L. Scheiner

Collecting compensation for injuries sustained due to faulty highway design or construction is difficult in Florida, and it was made tougher by a law passed in 2005, codified in F.S. 337.195, limits on liability.

The statute serves to limit liability for road designers, consultants and contractors and it does so by establishing legal presumptions in their favor in civil litigation. In order to win (and it is possible to prevail), plaintiffs have a tough task of overcoming those strong presumptions in favor of defendants. Generally, it means asserting gross negligence or intentional misconduct that results in injuries or damages. It can also be circumvented when contractors fail to adhere to maintenance of traffic safety plans, as required by the government contract.

Similarly, government entities are protected by sovereign immunity laws, though those have been waived under certain circumstances. Continue reading ›

Report: Lee County Traffic Deaths on the Rise

July 15, 2015 | Associates and Bruce L. Scheiner

The latest Lee County traffic statistics reveal troubling news. The News-Press reports that during the first six months of this year, there was a 32 percent increase in the number of traffic deaths as compared to the first six months of 2014.

As we head into the summer driving season, there have been 43 people killed in Lee County traffic crashes so far this year. If we continue that pace, the county will see more than 100 traffic deaths for the first time in eight years. The county tallied 106 traffic fatalities back in 2007, which was a record.

Victims ranged in age from 10-years-old to 85-years-old. Some were operating souped up pickup trucks and others were simply moving along in typical sedans. Among the most recent incidents: