WINTER HAVEN, Fla. — An insurance company is asking a Polk County judge to determine who should receive $11,000 in available insurance money following a deadly crash involving a school bus that killed two people and sent dozens to hospitals, according to court documents.
United Automobile Insurance Company filed a complaint for interpleader on Oct. 27, naming the Polk County School Board, the school bus driver, other motorists and dozens of passengers as defendants.
The lawsuit stems from an Oct. 5 crash on Lucerne Park Road in Winter Haven involving a Polk County school bus and three other vehicles.
According to the complaint, the bus was carrying 39 passengers, including 38 minors, when the collision happened. The crash also involved a Chevrolet Malibu, a Jeep Compass and a Kia Forte. A nearby fence was also damaged.
The crash killed a 10th-grade Winter Haven High School student and the driver of the Jeep.
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The Polk County Sheriff's Office previously said the crash happened shortly after 6 a.m. when a westbound Chevrolet Malibu crossed the center line and struck the rear wheels of the eastbound school bus. The impact sent the bus into the path of the oncoming Jeep before it overturned into a ditch.
Investigators said at the time they did not know why the Malibu crossed into the bus's lane. Tampa Bay 28 previously reported that the Malibu driver, Maria Mondragon Jimenez, cooperated with investigators, who found no initial signs of impairment and determined her cellphone was not in use at the time of the crash.
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Now, the insurance company says it faces competing claims for a limited amount of coverage.
The policy covering the Malibu provides just $11,000 in property damage liability coverage per accident, according to the complaint.
Potential claims include damage to the school bus, the other vehicles, the fence and property belonging to people involved in the crash.
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The insurer says it cannot determine which parties should receive the money without potentially exposing itself to additional lawsuits or liability.
The company is asking the court for permission to deposit the $11,000 into the court registry and require the defendants to establish their respective rights to the funds.
The lawsuit does not seek to determine who was responsible for causing the crash. It also does not address potential bodily injury claims or establish the total damages resulting from the collision.
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