Truck accidents often cause catastrophic injuries, and in many instances, trucking companies lack adequate insurance to cover the injured party’s losses. Thus, people hurt in such collisions may turn to their insurance companies to recover underinsured motorist benefits. While the law precludes people who are hurt from obtaining windfalls, a defendant deemed liable for a plaintiff’s harm will only be granted a set off of the plaintiff’s settlement with another party in limited circumstances.
A Florida court recently discussed setoffs in an opinion issued in a trucking case in which the plaintiff obtained $4 million from his insurance company and was granted over $30 million in damages from the defendant. If you were hurt in a collision involving a commercial truck, you should consult a capable Florida truck accident lawyer to discuss your options for seeking compensation.
The Facts of the Case
It is alleged that the plaintiff was a passenger in a car that was t-boned by a truck driven by the defendant driver and owned by the defendant owner. He suffered serious injuries in the accident and filed a lawsuit alleging negligence claims against the defendants and claims against his insurance carrier for underinsured motorist benefits. Two years later, he settled with his insurance company for $4 million.