A car accident in Lakeland, Florida has resulted
in the deaths of two people. The accident happened at approximately 3:00 a.m.. This
accident involved only a single car and happened between Schalamar Creek and Palmer Drive. The
accident forced the closing of U.S. Highway 92 from Reynolds Road to Old Dixie Highway. This
accident is still under investigation.
While this accident is still under investigation,
passengers have a right to make claims against negligent drivers. There are some other nuances
to a situation such as this including whether ther passenger and the driver are family members as
there is a family member exclusion in virtually every insurance policy. Another nuance to this
accident may be that of an unknown "phantom vehicle." If this accident was
caused by such a "phantom vehicle" that improperly passed the crashed vehicle and caused
it to leave the roadway, the estates of the deceased may have a claim against any uninsured motorist
(UM) carrier applicable to the accident. Further, there is a $5,000 PIP/no-fault death benefit
that should apply to the deceased in this accident. This death benefit is paid regardless of
fault from the PIP/no-fault carrier for the deceased rather than the policy covering the
vehicle. Sometimes this death benefit is from the same policy covering the vehicle and
sometimes not depending on the circumstances. There are also other circumstances where a
person who owns and registers a vehicle but fails to carry insurance, and then that same person
rides in another person's vehicle is killed. In such an instance, there may not be a death
benefit due to the fact that the person owned and registered a vehicle but failed to carry insurance
required by law. This result might seem unfair but there is a statutory penalty in Florida for
failing to carry insurance required by law. Whether this statutory penalty is the wisest and
most efficient way to enforce Florida's insurance laws is a completely different question.
Notwithstanding, the statutory penalty for failing to carry required insurance is the current state
of the law. If you have been injured in a car accident or have lost a loved one in a car
accident in Lakeland, Florida, please contact a Lakeland car accident lawyer for a free consultation
of the rights and obligations surrounding the accident. The Lakeland car accident lawyers of
Moody Law make home and hospital visits upon request.
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