After an 81-year-old Ocala man was killed in a fatal hit-and-run crash involving a commercial vehicle, one of his daughters contacted Farah & Farah looking for answers. The family was grieving, scattered across different states, and still trying to understand exactly what had happened. As Ocala wrongful death attorney Tiffany Faddis and the Farah & Farah team began investigating the case, it quickly became clear that the situation was far more complicated than the family realized.
A Hit-and-Run Crash Involving a Commercial Vehicle Left the Victim’s Family With Questions
The father of our client was a widower and lived with a friend in Ocala while his three adult children lived in Orlando, Jacksonville, and Puerto Rico. On the day of the accident, he was riding down a two-lane road in Ocala on a motorized cart pulled by a bicyclist. A driver traveling in the opposite direction struck them both, killing the father and injuring his companion. The driver fled the scene of the accident but was later found by law enforcement and arrested.
An Investigation Into the Wrongful Death Led to Uncovering Insurance Coverage Issues
When the victim’s daughter, who lived in Orlando, contacted Farah & Farah, she still wasn’t sure exactly what had happened or what the family’s legal options were. Tiffany Faddis immediately began gathering information about the crash, including the police report, the parties involved, and the available insurance coverage.
“I told her, ‘Look, I’ll look into it.’ That’s what we do,” Faddis said. “We conduct a thorough investigation to understand exactly what happened and what the family may be facing. We want to know what we’re dealing with.”
During the investigation, the Farah & Farah team identified the commercial vehicle involved in the crash and began communicating with the insurance company. That investigation soon uncovered another major issue involving how the claim had already been handled.
The Insurance Policy Limits Had Already Been Paid Out
Tiffany and her team discovered that the bicyclist who had been pulling our client’s father along in his motorized cart had survived the accident and was already represented by another law firm. The commercial vehicle involved in the crash carried a $100,000 insurance policy, which had already been paid out in full to him.
The insurance company distributed the available coverage without first determining whether the man who had been killed had any surviving family members. “The insurance company did not do what they should and could have done,’ said Faddis. “They should have involved the family.”
Interpleading Insurance Policy Limits in Wrongful Death Cases
In some wrongful death cases involving multiple potential claimants, insurance companies may choose to interplead the policy limits through the court system while surviving family members are identified and claims are evaluated. This means that the insurance company places the available funds before the court, which then decides who has a legal claim to the money and how the funds should be distributed.
In this case, however, the insurance company paid the full $100,000 policy limits to the surviving bicyclist before determining whether the man who lost his life had surviving family members. Because the victim’s children were never identified or involved before the policy was exhausted, Farah & Farah moved forward with legal action against the driver, the owner of the vehicle, and the company connected to the commercial vehicle involved in the crash.
Moving Forward With a Wrongful Death Lawsuit
Despite the insurance policy already being exhausted, Tiffany Faddis and the Farah & Farah team continued pursuing the wrongful death case on behalf of the victim’s surviving children. The firm filed suit against the driver, the owner of the vehicle, and the company connected to the commercial vehicle involved in the crash.
At the same time, Faddis continued communicating with the insurance company and arguing that the family should have been identified and involved before the policy limits were paid out in full to the surviving bicyclist.
“We were going to fight this to the end,” Faddis said.
The Insurance Company Paid a $100,000 Settlement
As the case moved forward, the insurance company ultimately agreed to pay an additional $100,000 to resolve the claims brought by the victim’s surviving children.
For the family, the resolution helped provide accountability after a tragic accident. The case also demonstrated why thorough investigations and experienced legal representation can make a major difference in complex wrongful death cases involving commercial vehicles and multiple potential claimants.
Farah & Farah Is on Your Side
If you have lost a loved one in a vehicle accident, you don’t have to go through this alone. Farah & Farah’s experienced attorneys are here to help you navigate the complexities of filing a wrongful death claim and will fight the insurance companies on your behalf for every penny that you deserve. Nothing can bring back your loved one, but getting justice may help ease the loss, even if just financially.
Contact us today for a free consultation. You won’t have to pay anything unless your case is successful.
