August 22, 2008
I’ll admit that I am biased against insurance companies. As a trial lawyer who represents injured and disabled people, the insurance companies are my adversaries in each and every case. Years of practicing law have shown me that regardless of what the insurance companies say in their advertisements, they are more concerned with profit than with doing what is right. Insurance companies are in business to make money and they make their profit by taking in as much as possible in premium payments and by paying out as little as possible in claims.
These truths apply not only to the other guy’s insurance company, but also to your own. A person who files an insurance claim, whether against their own policy or against a negligent third-party’s policy, is viewed by the insurance company as a liability and an expense. And liabilities and expenses are to be avoided, eliminated or at least reduced at all costs.
In spite of the millions insurance companies spend on public relations campaigns, truth be told, you aren’t “in good hands” and they aren’t there “like a good neighbor.” While the insurance companies’ claim adjusters may appear to be kind and helpful, don’t be fooled. What you perceive as kindness and helpfulness is actually a well-rehearsed act intended to reduce your fear or mistrust. And worse yet, if the claims adjuster is genuinely nice and helpful, it most likely is because the insurance company feels that it is coming out on the winning end and will be paying you less than you truly deserve.
If you or a loved one has suffered injuries and has an insurance claim, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.
August 22, 2008
Oklahoma insurance companies typically offer medical payment coverage, commonly referred to as “med pay”, rather than personal injury protection (PIP) coverage which is sometimes sold in other states. Medical payment coverage covers reasonable and necessary medical expenses up to the limits of the coverage regardless of who was at fault in the accident.
If you have purchaed “med pay” coverage on your automobile insurance policy, then you can have a double recovery of benefits. Normally, when an insurance company pays a claimant, and a third party insurer makes payment as well, the first insurer has a right to subrogate (collect back) what it paid out in benefits. “Med pay” benefits are not subject to subrogation against a policy’s named insured or members of the named insured’s household, so you can collect for your medical bills from both your “med pay” policy as well as the defendant’s insurance policy without having to give the ‘med pay” money back.
August 22, 2008
Yes. the Oklahoma Supreme Court has ruled that an insurance company may exclude a specifically named driver from coverage offered by an automobile liabilty policy. In Pierce v. Oklahoma Property & Casualty Insurance Co., the Supreme Court of Oklahoma evaluated conflicting public policies and upheld this exclusion that allows members of a household to obtain coverage by excluding other members of the household who have poor driving records. The court reasoned that it would be bad public policy to preclude all drivers in a household from obtaining liability coverage due to the bad driving record of a single member of the household.
August 13, 2008
Yes. Oklahoma law requires insurance companies to offer their policyholders uninsured/underinsured (UM/UIM) motorist covereage in an amount equal to the minimum liability limits on each insured vehicle.
If the insured chooses not to purchased UM/UIM coverage or chooses to purchase UM/UIM coverage with lower limits than the liability limits, a written waiver must be signed by one of the named insureds.
Source: Tit. 36 O.S. 3636.
August 13, 2008
It depends on the timing of the request for disclosure. An insurance company has no legal duty to disclose the limits of an insured’s automobile liability policy to an injured third-party claimant prior to a lawsuit being filed. However, once litigation has commenced, the liability limits are discoverable.
This can complicate the handling of uninsured/underinsured motorist claims by UM/UIM carriers because in a potential underinsured motorist situation, the UM/UIM carrier needs to know the underlying liability limits to determine whether or not the claim would trigger UM/UIM benefits.
Source: Tit. 12 O.S. 3226(B)(1).
August 13, 2008
Any automobile liability insurance policy issued or renewed after April 2005 is required to provide minimum limits of $25,000 per person, $50,000 per accident, and $25,000 for property damage.
Source: Tit. 47 O.S. 7-324.
August 13, 2008
Yes. The Oklahoma Compulsory Liability Insurance Act provides that:
“…every owner of a motor vehicle registered in this state…shall, at all times, maintain in force with respect to such vehicle security for the payment of loss resulting from the liability imposed by law for bodily injury, death and property damage sustained by any person arising out of the ownership, maintenance, operation, or use of the vehicle…”
Source: Tit. 47 O.S. 7-601.
August 13, 2008
When considering any issue involving insurance in Oklahoma, it is important to determine whether or not the issue is a “first-party” issue, a “third-party” issue, or some combination of the two.
First-party claims
“First-party” refers to coverage provided by an insurance policy that belongs to the person making a claim for benefits from that policy. These coverages include uninsured/underinsured motorist coverage (UM/UIM), medical payment coverage (med pay), collision coverage, comprehensive coverage, and rental reimbursement coverage.
Third-party claims
“Third-party” refers to coverage provide by an insurance policy for the benefit of others who suffer damages as the result of actions by a person or entitty covered by the insurance policy. These coverages include liability for bodily injury and and property damage.
August 12, 2008
Wrongful death, as a legal term, is a death that has been caused by the fault of another person. For example, deaths caused by drunk driving, the manufacture of a defective or dangerous product, the construction of an unsound structure or building, or failing to diagnose a fatal disease may be considered under the law as “wrongful deaths”.
Wrongful death lawsuits are generally filed by family members or beneficiaries of the decedent. Sometimes, these claims are filed in order to obtain monetary damages to cover the earnings the deceased person would have provided.
Other damages that may be recovered include:
- Expense associated with the death, e.g., medical and funeral;
- Lost benefits, such as insurance, from the death;
- Loss of inheritance from an untimely death;
- Pain, suffering or mental anguish suffered by the survivor of the decedent;
- Loss of companionship, care or protection; and
- Punitive damages, intended to punish wrongdoers and prevent them from harming others.
If a loved one of yours has suffered a wrongful death, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.
August 12, 2008
If you have been injured as a result of a “slip and fall” accident, there are several things that you should do and not do:
- Seek medical attention for your injuries.
- Request the names of witnesses, including store employees. Be sure to get phone numbers and addresses.
- Take photographs of the scene, being sure to get good shots of the condition that caused the “slip and fall”.
- Do not give statements about the accident to ANYONE, especially to an insurance company. The insurance company is not calling to help you, but instead to defeat your claim.
- Do not sign a release or accept payment without consulting an experienced personal injury attorney.
If you or a loved one has been injured because of a slip & fall, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.
