Several cases in Oklahoma have addressed the issue of exactly who can recover damages under an uninsured motorist policy. Often, claimants may be made to believe that various stipulations bar their recovery for damages under a UM policy. For instance, an insured may recover UM benefits even though the statute of limitations has run on his claim against the tort-feasor. Under Oklahoma law, the...
An important part of my practice when dealing with minimal policies is to remind the insurance company to put their insured on notice that they risk an excess judgment. I've found this to be very helpful in minimal policies where insurance companies are trying to lowball my client into a low offer by stating their is only a minimal policy and do we want to go to court over a few thousand...
In recent years, I've found insurance companies consistently disputing the nature of a client's injuries. One of the biggest complaints I hear is that the client did not immediately seek medical treatment. Insurance adjusters allegations are ridiculous, but more than ever I find it imperative that a client seek immediate medical treatment at an Emergency Room to ensure proper recovery for...
The Nebraska Supreme Court has ordered the state's roads department to pay approximately $9 million in damages to a man who suffered debilitating injuries from a car accident caused by a faulty traffic signal. Jacob Wagner's car was struck by a semi truck while both the southbound and westbound lanes of traffic displayed a green light. Evidence presented at trial showed the state had ignored...
The Vatican on Tuesday issued its "Ten Commandments" for drivers. I have bolded my favorite ones.The "Drivers' Ten Commandments," as listed by the Vatican, are:1. You shall not kill.2. The road shall be for you a means of communion between people and not of mortal harm.3. Courtesy, uprightness and prudence will help you deal with unforeseen events.4. Be charitable and help your neighbor in...
I for one am sick and tired of insurance companies evaluating injuries on the "impact" or amount of damages to the automobile. I recently received a letter from a notorious insurance company which basically said that since the impact was low, your client better not have very many injuries. In other words, no matter how hard the hit was, since it didn't do much damage to your well built and...
I just read where a woman who was injured in a fatal drunken driving crash with a Chicago-area prosecutor has filed a lawsuit against the restaurant that served the attorney. The woman, who suffered multiple fractures from the accident, claims that the restaurant should not have served the prosecutor, whose blood alcohol level was three times the legal limit and was driving a county-issued...
Two people were killed and one critically injured in a car and semi-truck accident near Watonga. The accident happened on Saturday night in Blaine county. OHP reports said VanCampen's 1998 Dodge Durango was westbound on U.S. 270 and the semi was southbound on Oklahoma 58. The semi failed to yield from a stop sign and was struck by the VanCampen vehicle. After impact both vehicles traveled...
I like statistics. They seem to often be a good barometer that can separate truth from fact. Recently, I was reading an article that stated that in individuals ages 4 through 33, motor vehicle accidents are the leading cause of death. With all the diseases that we constantly hear government and other entities promoting and trying to cure/stop, I wish we heard more about the huge problem of...
State Sen. Patrick Anderson's proposal to authorize impoundment and/or forfeiture of uninsured automobiles has merit, but still will not solve the problem of uninsured motorists in Oklahoma. I'm not one to advocate for insurance companies, but in the case of uninsured motorist coverage, you must protect yourself
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