Amended Car Accident Complaint

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT

IN AND FOR ALACHUA COUNTY, FLORIDA

 

CASE NO:

SAMPLE PLAINTIFF,

Plaintiff,

 

vs.

 

FICTITIOUS INSURANCE

COMPANY,

Defendant.

                                                                        /

 

            FIRST AMENDED COMPLAINT

 

Plaintiff, SAMPLE PLAINTIFF (hereinafter “Plaintiff”), by and through his undersigned counsel, sues Defendant, FICTITIOUS and alleges:

  1. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00) exclusive of costs.
  2. At all times material hereto Plaintiff was and is a resident of Alachua County, Florida.
  3. At all times material hereto Defendant, FICTITIOUS, was and is a business licensed in the State of Florida.

5.            At all times material hereto Defendant, FICTITIOUS, engaged in the business of providing automobile insurance throughout the State of Florida, including in Alachua County, Florida.

6.            The motor vehicle collision which forms the basis of this Complaint occurred at the intersection of SR 222 (NW 39th Avenue) and NW 21st St. Alachua County, Florida.

7.            At the time of the motor vehicle accident of April 30, 2010, Plaintiff was the driver and owner of a 1996 Honda Accord having a vehicle identification number 1234.

8.            At the time of the motor vehicle accident of April 30, 2010, Sue Sample was the operator of a 202 Nissan having a vehicle identification number 5678.

9.            At all times material hereto, Plaintiff was an insured under a policy of automobile insurance with Defendant, FICTITIOUS (Policy Number 789) which insured the 1996 Honda Accord and provided uninsured/underinsured motorist (“UM”) benefits to Plaintiff.  (A copy of the Limits of Insurance Affidavit and the Auto Policy Declarations of above-referenced policy are attached hereto as Composite Exhibit A, and is incorporated herein by reference.)

10.            Plaintiff has complied with all conditions precedent for maintaining an action against Defendant, FICTITIOUS, contained in said policy.

11.            On April 30, 2011, Sue Sample negligently operated the 202 Nissan causing serious personal injuries to Plaintiff.

12.            As a direct and proximate cause of the aforementioned negligence of Sue Sample, Plaintiff suffered bodily injuries and/or an aggravation of a pre-existing condition which have resulted in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of medical and related care and treatment, loss of earnings, and/or the loss of the ability to earn money.  The losses are either permanent or continuing in nature, and Plaintiff will suffer the losses in the future.

 

 

COUNT I – UM CLAIM

CLAIM FOR UNDERINSURED MOTORIST BENEFITS AGAINST

DEFENDANT, FICTITIOUS INSURANCE COMPANY

 

Plaintiff re-alleges paragraphs 1-12 above and further alleges:

13.            At all times material hereto, Plaintiff was insured under a policy of insurance issued by Defendant, FICTITIOUS.

14.            The claim number assigned by Defendant, FICTITIOUS, for Plaintiff’s claim is 030.

15.            Said policy of insurance included protection/benefits for Plaintiff in the event Plaintiff was injured by an uninsured or underinsured motorist.

16.            On or about April 30, 2010, Plaintiff was operating his 1996 Honda, when his vehicle was struck by an underinsured vehicle operated in a negligent manner by Sue Sample.

17.            Plaintiff timely notified the Defendant, FICTITIOUS, of said accident.

18.            Immediately prior to and at the time of said accident, the underinsured motorist was operating the underinsured motor vehicle in a negligent manner.

19.            The negligence of the underinsured motorist was the sole and proximate cause of the accident and Plaintiff’s injuries as Plaintiff was at all times exercising due care.

20.            All conditions precedent have been performed or have occurred to entitle Plaintiff to payment under the aforesaid underinsured motorist provision of the aforesaid policy with Defendant, FICTITIOUS.

21.            As a result of this accident, Plaintiff has suffered bodily injuries and/or an aggravation of a pre-existing condition which have resulted in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of medical and related care and treatment, loss of earnings, and/or the loss of the ability to earn money.  The losses are either permanent or continuing in nature, and Plaintiff will suffer the losses in the future.

WHEREFORE, Plaintiff demands judgment against Defendant, FICTITIOUS, in an

amount in excess of Fifteen Thousand Dollars ($15,000.00), plus taxable costs, and such other further relief as the Court may deem just and proper.   

PLAINTIFF DEMANDS A TRIAL BY JURY.