Legal Question in Personal Injury in Oklahoma

Motor Vehicle Accident / Liability

In October 1996 a lady with no liability insurance struck our vehicle head-on. She was cited for no insurance and left of center. Occupants of our vehicle were injured. We did not have uninsured motorist. She went to court and got her tickets dismissed. The Department of Public Safety did not review the case until eight months later then suspended her license but did not actually notify her because her notice was returned "unable to deliver". She has no resources so a civil suit is useless.

Can one successfully sue the State of Oklahoma and the Dept. of Public Safety Financial Division for failing to enforce a law resulting in financial hardship for a victim?


Asked on 12/10/97, 11:26 pm

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Uninsured motorist

Are you saying that the state should protect you from your own negligence in failing to have uninsured motorist protection? If you couldn't afford to protect yourself, how can the taxpayers?

Unfortuantely, insurance company propaganda and anti-trial lawyers "reform" has caused many states to allow the "option" of waiving UM coverage and even liability coverage in some places.

I have no idea what type of government liability is allowed in your state, but my reaction is that your theory would "prove too much." WIth the same logic, you could claim that the state is responsible for all criminal actions it failed to prevent.

The most likely legal ruling is that by waiving uninsured motorist coverage, you assumed the risk of financial hardship.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

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Answered on 12/12/97, 2:52 pm


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