Legal Question in Personal Injury in Oklahoma

My son was killed on his dirt bike,he didnt have to have insurance on it. One report said he ran stop sign but we dont really know we have never seen accident report. Does the other persons insurance have to pay on a death ? I was just wandering..

Asked on 1/13/12, 1:17 pm

3 Answers from Attorneys

Wayne Allison Allison Legal, LLC

First, I am sorry for the tragedy, and understand the resulting disorientation and confusion following such a loss.

If the other person's insurance were to be responsible, I would suggest that it is unlikely they would admit it. There are so many variables and circumstances to consider that I can only suggest you talk with an attorney who has some experience with personal injury and/or wrongful death cases. If an attorney wants to charge you for such a consultation, I would suggest you keep shopping for another attorney. If there is a possibility of liability against the other person, such a case is usually handled on a contingency basis and costs you nothing.

Also, depending on the facts and circumstances, there may be other parties that are liable; however, determining that requires an attorney understanding the entire situation in detail.


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Answered on 1/13/12, 1:27 pm
Kurt Kennedy Kurt M. Kennedy,Attorney at Law

I am very sorry for your loss. I can not imagine what you are going through and I hope that you have the comfort of family and friends to help you through this.

I am assuming that your son was struck by another vehicle. If the driver of that vehicle was at fault, then that person's insurance and the insurance on the other vehicle (if two seperate policies) could be available to pay damages.

It is important to investigate the cause of the accident as soon afterward as possible, both to preserve any evidence and to ensure that any claim is brought before the running of the statute of limitations.

If you would like to discuss this further, please feel free to give me a call.

Once again, I am very sorry for your loss.

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Answered on 1/13/12, 1:44 pm
Paul Kouri Travis Law Office

Like my colleagues who have answered your question, I am truly sorry for your loss and pray you find some comfort in this, that is every parent's worst nightmare.

I also concur with my colleagues that you will need to consult with an attorney experienced in personal injury litigation regarding the potential for insurance coverage for the loss. If the other driver or some person or entity is in some part at fault for the wreck, there is at least a potential to recover damages from that party. As the responses have stated, you should not have to pay for an initial consultation, and most such cases are handled on a contingent fee basis so that you do not owe anything if there is no recovery made on your behalf.

I wish you the best and would be happy to discuss further should you wish.

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Answered on 1/13/12, 1:59 pm

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