Rental Scooter Accident

Episode Transcript

Speaker 1 (00:00):
Good morning, nine twenty nine, almost nine thirty. It's at
about this time each Wednesday we present Ask the Lawyer
with Bruce Elshiner, Attorney for the Injured, and maybe just
maybe today's to day your question gets an answer. If
you'd like to submit a question for future consideration, I'm
going to tell you how to go about that here
in a moment as well, But first would you please
help me. Welcome Bruce Elshiner, Attorney for the Injured.

Speaker 2 (00:23):
Good morning, Bruce, Hey, Good morning Todd. How are you
doing this morning?

Speaker 1 (00:27):
Just fine, nice looking day? What could be wrong with
the day? Already perfect day to talk to you for sure?

Speaker 2 (00:35):
Well, thank you very much, Todd. It's always a pleasure.

Speaker 1 (00:38):
You give such great answers to these questions, even when
they're a little in the complicated side. And I think
today's kind of meets that description. Are you ready to
get into it?

Speaker 2 (00:47):
I am ready, Todd.

Speaker 1 (00:48):
You know, technology moves really quickly, and I don't even
understand some of the things that I read to you.
Quite frankly. I know what a ride share is, I
know what a rental is. I've never heard of this
kind of thing, but I'm sure it's something you've dealt
with before. The question reads as follows. My cousin was
using a rental scooter from a ride share app while

(01:11):
visiting Pontagorda. A driver made a left turn across traffic
and clipped him in the intersection. The app company says
it isn't responsible for injuries and that users accept the risk.
My cousin has no health insurance and the driver only
had minimal coverage. My cousin's family has a landscaping business
with full coverage, but since he doesn't drive, they don't

(01:35):
think he is covered. Can a lawyer help recover anything? Wow,
there's a lot going on in that question. What do
you make of it?

Speaker 2 (01:43):
Though? Well, it's not really as complicated as it sounds. Good.
The fact that he where he got the vehicle from
is kind of a lost leader. It has nothing to
do with liability or if they've built need to make
a recovery. It's sad that the responsible party has very

(02:07):
limited coverage, but the good news is that his family
seems to have good coverage on multiple vehicles. Yes, so,
even though he's not a driver, if he's a resident
relative of their household, he's entitled to collect under their insurance. Coverages.

(02:31):
The big question, and they haven't answered that in the facts,
is whether or not they have stacking uninsured motorists coverage.
If they have stacking uninsured motorists coverage, he would be
entitled to collect under all the vehicles that they have

(02:53):
and add up the coverage for each policy to provide
sufficient coverage to pay for or his huge medical bills
in the past and what he will need in the future.
Hopefully they have stacking uninsured motorist coverage, and he could
recover all of his losses, which would include his medical

(03:16):
bills in the past, his medical bills in the future,
his pain is suffering inconvenience and other intangible damages.

Speaker 1 (03:26):
And of course future needs, which is something you've got
to take a look at. You can't just think about
it up to this point absolutely, you know. Also, we
talk about uninsured motorist coverage frequently. I think this question
points out the other side of that coin, and it's
important to remember that uninsured motorist coverage also applies to

(03:46):
underinsured motorist coverage, doesn't it.

Speaker 2 (03:48):
That's a great point. Did yes, if someone only has
if the torch fezer only has ten thousand dollars in coverage,
and your claim is value that, you know, multiples of
that you could collect under your uninsured which, as you
have to described, is also underinsured motorist coverage.

Speaker 1 (04:11):
You know, oftentimes we talk about how many people in Florida,
sadly and kind of frighteningly are not insured whatsoever. But
then there's another large number of people who carry the
state minimum. It keeps them legal, but it doesn't begin
to cover your expenses if you're in an accident with them, No.

Speaker 2 (04:27):
It doesn't. It's almost like not having any coverage, right right.

Speaker 1 (04:31):
All right, So this is good news. It looks like
a perhaps brighter future here, but it all hinges on
them getting some help from a legal professional and doing
it today.

Speaker 2 (04:41):
Absolutely, they should contact that qualified personal injury lawyer asap.

Speaker 1 (04:47):
All right, Bruce, once again, thank you so much. We
can always count on you for a happy conclusion or
happy your conclusion anyway, to these difficult situations. It's much appreciated.

Speaker 2 (04:57):
That's my pleasure. Time.

Speaker 1 (04:58):
Okay, Well, look forward to talk to you next week.

Speaker 2 (05:01):
Thank you, Okay, take care, bye.

Speaker 1 (05:03):
Bye, ladies and gentlemen. Brucell Shiner, Attorney for the injured.
And I feel a lot better coming out of that
conversation than I did going into it, because I was
worried about this kid. But it looks like looks like
things could be decidedly better now. If you've always wandered
about something in the law I would like to ask
a question, you can do so as well. Simply go

(05:24):
to the website and type Bruce into the keyword search box.
If there's an injury involved, it's more than just a curiosity,
in other words, then just call the Port Charlotte Office
of Associates and Bruce ell Shiner and do it right away.
Nine four one seven four three seven seven seven seven

(05:45):
nine four one seven four to three seven seven seven seven,
and please be sure to tell them that Todd Matthews
sent you