The primary issue in today’s question deals with a hit a run driver. Generally, in a lawsuit, you must have someone to sue. Here, the person that caused the accident fled the scene and was never located. That phantom vehicle is the cause of the accident and resulting injuries.
Under Florida law, uninsured motorist coverage generally covers situations where the other driver does not have insurance, does not have enough insurance or hit and run scenarios, like the one described in the question above. Thus, if there is uninsured motorist coverage available to the person who was injured in this accident, there very well may be a case.
First of all, if the vehicle that you were in at the time of the accident has uninsured motorist, whether this is your car or not, then generally that uninsured motorist coverage will apply to you. Secondly, your own uninsured motorist coverage, whether you are in your car or not, will apply to you, generally. Thirdly, if you live with a relative that has uninsured motorist coverage, then generally this insurance may also cover you. Uninsured motorist coverage is contractual and the policy or policies must be read to determine whether coverage exists.
Of course, every case is different and has to be judged based on the facts of the case. The advice in this blog is intended to be general in nature. The advice should not to be construed as specific advice for your case, as the most slight difference in the facts could ultimately change the result. Also, this blog is based on Florida law and the laws of any other states or country could vary significantly from Florida.
