Legal Question in Personal Injury in Kansas

Re: Hit by drunk driver

I think that what the insurance company is saying is that it has no insurance coverage because the driver was not authorized by the owner to drive the vehicle. The driver is still liable, but there may be no coverage is what the insurance company says is true. However, if the driver was drinking with the owner of the SUV just before the accident there is a real question of fact about whether driver had authority to drive it or not. You should file suit against the driver and do some discovery to answer those questions. You should also put your own insurance carrier on notice since you have an uninsured motorist coverage in your own policy. In short you should consult with a competant and experienced personal injury lawyer in Kansas. Don't give up. Good Luck.

Jim Wisler

Re: Hit by drunk driver

You should puruse an action against the drunk driver. Perhaps you should also sue the cousin and the owner/operator of the drinking establishment. If the drunk stole the vehicle, perhaps it was negligent for the establishment (or the possibly the valet) to allow the drunk to take a patrons's vehicle. The attorneys for the establishment or valet service, will quickly help you determine that the cousin gave at least tacit approval for the drunk to use the car. Did the drunk have the keys/ or did they take the time to break in and hotwire the suv? If the automobile insurer balks at coverage, they will still likely provide defense counsel for thier insured. Perhaps that counsel can halp you determine if the insured has other liability insurance that could cover your losses.

If they do not have other insurance, they may have assets that could go toward to recompense for your losses. Drunk driving injuries are not normally dischargeable in bankruptcy, so the defendant would have to respond to your attempts to execute against their assets.

Good Luck, and I am very sorry to hear about your injuries. I just prayed that you would get full healing.