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Nov 12, 2026
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Polk County legal filing seeks distribution of $11,000 insurance fund after fatal school bus crash

Polk County residents and families of crash victims will see a court hearing next month as United Automobile Insurance Company moves to resolve how $11,000 of insurance proceeds should be divided. The filing, submitted on Oct. 27, follows the tragic Oct. 5 collision that killed 16‑year‑old Adinaluz Guadalupe Prieto Oyola, a Winter Haven High School sophomore, and 26‑year‑old Deshawn Smith, the driver of a Jeep that struck the school bus.

What the complaint seeks

The interpleader complaint asks the circuit court to place the $11,000 into the court’s registry and to order the named defendants – including the Polk County School Board, the estates of the deceased, the bus driver, the driver of the other vehicle, a passenger, a fence‑owner whose property was damaged, and the surviving students – to litigate among themselves for any share they may be entitled to. The insurer also requests to be released from any further liability once the funds are deposited.

Details of the Oct. 5 crash

According to Polk County Sheriff Grady Judd, the bus was en route to Winter Haven High School at about 6:15 a.m., carrying 39 occupants, when a westbound white Chevrolet Malibu collided head‑on with the eastbound bus on Lucerne Park Road. The impact caused the bus to lose a tire and then strike a Jeep before overturning. The Jeep, driven by Deshawn Smith, was killed in the crash. Sheriff Judd said the bus driver managed to crawl out of the vehicle to assist the children and his own nine‑year‑old daughter, describing the moment as happening “in the blink of an eye.”

Sheriff’s comments

Judd emphasized that there is no indication the Malibu driver will face criminal charges and that “sometimes bad things just happen.” He added that the investigation remains focused on determining liability for the insurance claim.

Who is named in the lawsuit

The complaint lists a broad group of plaintiffs: the Polk County School Board, the estates of Smith and Prieto Oyola, the bus driver, the other vehicle’s driver, a passenger, a business that owns a fence damaged in the wreck, and the surviving students who were on the bus. By naming these parties, the insurer hopes the court will sort out any competing claims to the modest fund.

Community impact

The crash has left a deep scar on the Winter Haven community. Parents, teachers, and local officials have expressed grief and called for continued support for the families affected. While the insurance proceeds are limited, the legal process aims to ensure transparency and fairness in distributing the available funds.

Next steps

The court will schedule a hearing to consider the interpleader request. If approved, the $11,000 will be held in the court registry while the named parties present their claims. The outcome will determine how, if at all, the money is allocated among the victims’ families and the surviving students.


Original reporting: WESH Orlando — read the source article.

OBBM Network Editorial Staff

[email protected]

Editorial team behind OBBM Network — independent, hyper-local journalism syndicated through HyperLocalLoop and OBBM Network TV.

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