Legal Question in Personal Injury in Oklahoma

Car Accident

My 17 year old daughter was a passenger in a car driven by an 18 year old drunk driver, my daughter was injured when the car broadsided a tree. The medical bills are going to total about $100,000. The 18 year old was driving his mother's car and is said to be an excluded driver. Is the insurance company liable for my daughter's medical bills? If not, what do we do next?


Asked on 1/01/02, 10:29 pm

4 Answers from Attorneys

Re: Car Accident

Unfortunately, if the young man is truly an excluded driver, the mother's policy will not pay. But, you may be able to prove that he was actually not excluded.

Also, if he is considered an excluded driver, your own uninsured/underinsured motorist policy (UM policy) will then kick in and take care of the medical bills.

This is really a situation that demands that you get an attorney to help you. I am not just telling you this to get you to call me, but to give you the protection that you need.

This could potentially be a situation that involves fraud on the part of the driver and his mother, and could potentially involve bad faith. You really do need to sit down with an attorney to review the documents you have, or to at least fully investigate this issue for you with the insurance company.

If you would like to speak with either me or someone in my law office, please call me at (405) 525-0777.

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Answered on 1/02/02, 12:33 am

Re: Car Accident

I apologize. I thought that you would receive my full name and address with my reply I sent earlier.

My name is Angela Fenwick

Address: 4312 Classen Boulevard; Oklahoma City, OK 73118.

Telephone: (405) 525-0777.

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Answered on 1/02/02, 12:37 am
Bradley Gungoll Gungoll , Jackson , Collins , Box & Devol, P.C.

Re: Car Accident

YOUR CASE IS VERY FACT INTENSIVE. THERE ARE ISSUES OF COMPARATIVE NEGLIGENCE, EXCLUSIONS IN A POLICY THAT CONTRADICT STATE STATUTES, UNINSURED MOTORIST, NEGLIGENT ENTRUSTMENT, AND POTENTIALLY BAD FAITH. IT WILL BE VERY DIFFICULT FOR YOU TO PURSUE THESE ISSUES ALONE. YOU NEED REPRESENTATION TO LOOK INTO THESE ISSUES. I DON'T KNOW WHERE YOU ARE LOCATED BUT WE WOULD BE GLAD TO ASSIST YOU TO DETERMINE IF THERE IS A CHANCE OF RECOVERY. CALL BRAD GUNGOLL AT 580-234-0436. IF YOU DO NOT CALL ME CALL SOMEONE ELSE TO MAKE SURE YOUR DAUGHTERS RIGHTS ARE PROTECTED.

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Answered on 1/02/02, 10:24 am
Kurt Kennedy Kurt M. Kennedy,Attorney at Law

Re: Car Accident

I am sorry to hear about your daughter. Hopefuly she will recover fully.

Regarding the payment of her medical bills, there are no quick and easy answers. Your attorney will need to verify any policy exclusions, as well as the circumstances surrounding why the 18yr old was driving his mother's car. There may very well be liability even if there is an exclusion. There also may be other insurance coverage available to help with the bills and her injuries. You really do need to sit down with an attorney who can review all the relevant facts, conduct an investigation, and advise you on your rights and options.

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Answered on 1/02/02, 12:27 pm


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