Uninsured Motorist Carriers Cannot Force You to Sue the Uninsured Driver

Diaz-Hernandez v. State Farm (Fla. 3d DCA 2009).

The plaintiffs in Diaz-Hernandez did not name the at-fault uninsured motorist as a defendant in the lawsuit following the accident.  State Farm chose to deny insurance coverage because of language in their policy that purports to require that you sue the at-fault fault motorist at the same time that you sue State Farm as the insurer.  State Farm failed to recognize long-standing precedent in Liberty Mutual Insurance Company v. Reyer, 362 So. 2d 390 (Fla. 1979) that it violates public policy to force the claimant to sue the uninsured motorist before suing their own insurance company.

If you or a loved one has been injured due to an uninsured or underinsured motorist, an attorney at Moody Law can help you navigate the intricacies of UM claims.  Please see our page on UM claims by clicking here.