What Coverage is Available?

Determining what insurance coverage is available after suffering an injury in an accident is sometimes confusing for victims. The at-fault driver may or may not have enough coverage to compensate a victim for their loss. The vehicle that the injured person was riding in also may or may not have enough coverage to fully compensate the victim. In a recent case from the Fifth District Court of Appeals, the court there determined that when an uninsured trailer that was attached to a vehicle was a cause of an accident, the injured party could recover damages from the vehicle's uninsured motorist coverage.

In Trout v. Apicella, 79 So.3d 947 (Fla. 5th DCA 2012), the plaintiff was riding in a truck that was driven by his uncle, and owned by another party. The truck was towing a trailer that was owned by yet another party. The trailer began to sway back and forth on the highway, and ultimately caused the truck and trailer to crash into the guardrail. The plaintiff suffered injuries and attempted to collect damages from the truck's uninsured motorist coverage. In this case, the court looked to the plain language of the uninsured motorist policy for the truck. The court found that the trailer fit the definition of an uninsured auto, as set forth in the policy, and determined that coverage applied.