Article in Latest TBT Declares Tampa “Epicenter of Staged Car Accidents in Florida”

Page 16 of the August 17, 2011 edition of the Tampa Bay Times (TBT) has some persuading statistics and commentary about the issued of staged car accidents throughout Florida. It is certainly worth a read.

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Public Policies Do Not Require Suit Against Uninsured Motorist

The Fourth District Court of Appeal in Saris v. State Farm Mutual Automobile Insurance Company, determined that a uninsured motorist policy provision requiring the insured or policyholder to sue the owner or driver of an insured motor vehicle was void against public policy.  Therefore, the Plaintiff does not have to sue the tortfeasor prior bringing suit against the uninsured motorist carrier.

Investigating and Litigating Staged Motor Vehicle Accidents

As many insurance companies who write automobile policies in Florida know, Florida has become the number one state with respect to staged motor vehicle accidents. Scarborough Hull & Miller has had much success investigating and litigating such claims. Kevin Davis of the firm has most recently obtained a confession from an insured who was involved in one such staged car accident during examination under oath. Scarborough Hull & Miller is also currently litigating several actions for declaratory relief related to such suspicious claims. Mr. Davis also travels around the country teaching a course on how to investigate and litigate insurance fraud called “1800-STOP-FRAUD”. As always, we will come to you and provide this valuable seminar free of charge.

Wolf vs. Progressive

In the case of Wolf vs. Progressive, 35Fla. L. Weekly D733(Fla. 1st DCA 2010), the District Court held that a Plaintiff who sued for UM Benefits was not entitled to them simply because he did not receive notice of the availability of UM Benefits on a six month notice of renewal.  According to the 1st District, “We do not read the plain language of section 627.727(1)2 require that notice of UM coverage availability be sent more frequently than annually, even where, as here, the insured’s policy renews every six months.”  Clearly this ruling is favorable to insurers in the State of Florida.