From $10K to a Major Settlement: Why Your West Palm Beach Car Accident Lawyer Matters

Summary

In this video, attorney Brian W. Smith describes a successful legal recovery achieved by investigating beyond initial insurance claims. While previous law firms rejected the client due to a supposed ten-thousand-dollar policy limit, Smith’s team uncovered evidence that the at-fault driver was performing commercial delivery duties during the crash. By highlighting specific details like the driver’s corporate uniform and employer-mandated equipment, the firm proved an employment relationship existed despite claims of independent contracting. This diligent approach allowed the legal team to access much larger insurance coverage from the driver’s employer. Ultimately, the narrative emphasizes how detailed evidence gathering can transform a low-value settlement into a substantial financial recovery for accident victims.

FAQs

What should I do if an insurance company says there is limited coverage for my accident?

You should consult with an experienced attorney to verify the driver’s employment status, as additional commercial policies may apply if the driver was working at the time of the crash.

Can I pursue a car accident claim if other law firms have turned me down?

Yes, a firm that conducts a deeper investigation into the specific facts of your case may find evidence of liability or coverage that other firms overlooked.

How do I prove a driver was working at the time of a car accident?

Evidence such as the driver wearing a company uniform, the presence of company logos, or the transfer of packages from the vehicle at the scene can indicate the driver was working.

Why is the distinction between an independent contractor and an employee important?

Under the law, companies are typically liable for the actions of their employees, which often opens the door to higher insurance coverage limits than those available to independent contractors.

What evidence shows that a delivery company controls its drivers?

Evidence of company control over a driver includes company-provided GPS or routing devices that dictate delivery routes, mandatory company uniforms with logos or patches, instructions on which packages to deliver and in what order, and company-owned equipment used during deliveries. These factors help establish an employer-employee relationship rather than an independent contractor arrangement.

Should I believe the insurance company when they say a driver was not working?

It is often necessary to demand a formal statement from the driver and perform an independent investigation rather than taking the insurance company’s initial assertions at face value.

What is “course and scope of employment” in a vehicle accident case?

This legal concept refers to whether a driver was performing work-related duties, such as delivering packages, when the accident occurred.

Can a uniform be used as evidence in a car accident lawsuit?

A uniform with a company patch or logo serves as factual evidence that the driver may have been representing a business at the time of the incident.

How does a company-provided GPS device impact a legal case?

A device provided by a company to dictate a driver’s route helps prove that the company exercised control over the driver, supporting an employer-employee relationship.

What happens if a driver admits they were delivering packages during an accident?

If a driver admits to delivering packages, it may allow your legal team to seek a substantial recovery from the delivery company’s insurance provider.

Transcription of the Video

An example of a case that I handled, two other firms had turned the client down, and she came to me. There was another vehicle involved. The insurance company said that there was only $10,000 of coverage available, and we asked for proof that the person was not in the course and scope of employment at the time or an Uber driver. Initially, we were told that the driver of the other car was not working at the time, but my client insisted that at the scene, the person had a uniform on with a patch or a logo, and that someone else came to the scene in the same shirt with the same logo and took a package from her vehicle and left.

We inquired more, and we demanded a statement from the driver, and she admitted in the statement, even before a lawsuit was filed, that she worked for a delivery company, and she was delivering packages when she slammed into my client’s car. We did some digging; initially, that company claimed that she was an independent contractor, but through all the facts that we were able to dig out, we proved that she was not an independent contractor. They controlled everything about what she did. They told her what packages to deliver, they told her what route to take, there was even a device that she had to use that was given to her by that company that told her the route to take to make the delivery, and they provided her with the uniform.

We were able to convince the insurance company that she was, in fact, an employee and made a substantial recovery for her because we dug a little deeper. We did not take the insurance company at their word, as some of the other firms had before, and had turned her down. She was very happy with the outcome, and we were very happy that we were able to help her.

Disclaimer: The case outcome described above is a past result. Past results do not guarantee a similar outcome. Every case is unique and must be evaluated on its own merits.