Can I collect UM money?
Client was injured in a collision with construction debris dropped on road by unknown vehicle. Can I collect UM money?
Answer: There is not an Oklahoma case on this, but you should be able to recover UM. A lot of states deny recovery in the “object in the road” cases. See, in this regard, Widiss, Uninsured and Underinsured Motorist Insurance, Sec. 9.6 (3) “Accidents Involving Objects Lying on the Roadway.” (I have this in my law library, if you do not otherwise have handy access to it.) However, these cases are mostly from states which uphold the validity of an “actual physical contact” requirement in the policy. Oklahoma does not, under Biggs v. State Farm, 1977 OK 135, 569 P.2d 430.
Posted on Mon, August 24, 2009
by Sharon Coleman filed under