We represent a gentleman who was recently involved in a horrible crash while operating his Ford F-150 truck in a gated Lee County, Florida community. The operator of the other vehicle, which crossed into our client’s oncoming lane of traffic, died in the crash. Our client sustained significant personal injuries, including emotional distress. (For example, he is haunted from the experience of trying to help the dying man at the accident scene.)
We are seeking compensation for our client’s damages. While Florida No-Fault Insurance (a/k/a “PIP”) may cover some of his medical expenses and lost wages, he did not maintain the type of coverage — UM/UIM — under his own motor vehicle policy to compensate for non-economic damages such as pain and suffering and for economic losses (e.g., wage loss (past) and loss of earning capacity (future)) and medical expenses in excess of the PIP policy limit (typically $10,000).
Our investigation has determined that the at-fault driver maintained bodily injury (BI) insurance under his own motor vehicle policy. The listed insured vehicle under the policy is a Lexus. At the time of the tragic crash, the insured was driving a golf cart or a modified golf cart known as a low speed vehicle. The vehicle was not listed in the insurance policy.
Section 320.01(22), Florida Statutes defines a “golf cart” as “a motor vehicle that is designed and maintained for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.” (emphasis added). By contrast, a “low-speed vehicle” is defined as “any four-wheeled electric vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including neighborhood electric vehicles. Low-speed vehicles must comply with the safety standards in 49 C.F.R. s. 571.500 and s. 316.2122.” § 320.01(42), Fla. Stat. For insurance coverage purposes, the distinction might prove consequential in our case.