The Maine Supreme Judicial Court recently sided with the parents of a 16-year-old killed in a 2009 car accident, allowing them to move forward in their quest for underinsured motorist benefits.

The core issue was the content of a verbal agreement that took place when the teen initiated the purchase of a $900 truck from a private owner, less than two weeks before he was involved in a fatal crash in that truck. His parents subsequently sought underinsured motorist coverage from three separate insurance companies.

Bangor car accident attorneys know that the issue of uninsured and underinsured motorist coverage in Maine is one that has vexed many car accident victims. The whole point of these statutes is to ensure that the victim can recover as he would have had the at-fault party been insured to the same extent as the injured party.

But these proceedings can be increasingly complex when it comes to “stacking” policies. That is, one person (or estate) is allowed to collect from multiple UM policies on the same accident. However, sometimes the way individual policies are written, the degree to which victims can collect may be limited.

Of course, insurance companies are always seeking ways to limit their own liability, so it is to be expected that they will vigorously fight UM claims.

In the case of Estate of Lewis v. Concord Gen. Mut. Ins. Co., the victim’s mother, on behalf of the teen’s estate, attempted to collect on her policy, the policy of the boy’s father and the policy of the person from whom the truck was purchased. That last one created the most confusion, as there was ample dispute over whether the transaction was in fact completed, and the matter went all the way to the Maine Supreme Judicial Court.

According to court records, the teen had met with the owner of the truck after calling the telephone number listed on a “For Sale” sign on a truck sitting by the road. The parties agreed to a $900 price tag and the teen later returned with his friend and an envelope of cash.

The truck owner gave the teen a signed bill of sale, the keys, the title and the truck’s maintenance history. He did not sign the assignment of ownership section on the title, and he didn’t complete the odometer disclosure statement. The original owner also left his insurance card in the glove box, and his plates on the vehicle.

The friend would later contend that the owner agreed to allow the teen to use his insurance until he got his own, though the original owner disputes it.

The teen and the original truck owner had no further contact. Eleven days later, the teen was killed in a crash while driving the truck. At the time, the teen had not registered or insured the vehicle.

The truck owner would later call to cancel the insurance policy on the truck retroactive to the date the teen had paid him the money, but it’s not clear if he did so before or after he learned of the wreck.

The driver of the other vehicle was underinsured, but paid the estate $100,000. Each of parents had UIM policies for $100,000, which they contended covered the teen as a household resident/family member. They also sought UIM coverage from the truck owner’s insurance.

All three denied UIM coverage, and the estate filed suit against each for breach of contract. While the trial court denied defendants’ motion for summary judgment, the Superior Court granted it.

However, the Supreme Court vacated that judgment, holding that there was a genuine issue of material fact as to whether the sale had been completed on the truck at the time of the accident. The answer to that question would determine whether each company would be required to pay.

The case has been remanded back to lower courts for further proceeding.

If you are the victim of a Bangor car accident, contact  Peter Thompson & Associates at 1-800-490-5218 for a confidential consultation to discuss your rights.

Additional Resources:

Estate of Lewis v. Concord Gen. Mut. Ins. Co., March 4, 2014, Maine Supreme Judicial Court

More Blog Entries:

Deadly Teen Crash Has Maine Investigators Searching for Clues, March 26, 2014, Bangor Car Accident Lawyer Blog

Two young drivers collided with on another recently on an icy road in Calais, about two hours northeast of Bangor.

Both drivers suffered injuries, but thankfully survived. This might not have been very noteworthy, but for the fact that the two turned out to be siblings – an 18-year-old high school senior and her 20-year-old brother. She had been on her way to a cashier job, while he was returning home.

Our Bangor car accident attorneys understand that the crash, on U.S. 1, occurred in large part due to the snowy, slushy conditions that rendered the roads slick. She crossed the center line in her Pontiac Grand Prix and slammed into her brother’s Dodge Ram pickup truck. The sister would later relay to a reporter that when she stepped out of the vehicle, she had trouble walking because the roads were so icy.

While we are all more than ready for spring after such a long and brutal winter,  here in one of the northernmost states we may continue to see the occasional snowstorm and ice-slicked roads. And spring bring its own unique risks, including rain, standing water and flooding.

On the first of day of April, officials in Portland reported that icy roads made for a tough commute, and resulted in several wrecks. On Jordan Spring Road, there was a vehicle overturned on its roof. On Route 237, another vehicle flipped over the guardrail. Several others were reported also, though no major injuries were reported.

Officials say even snow melt can create its own hazard on the roads. Black ice can form from refreezing snow melt. Then, residual rainwater coats the roads with a thin layer of ice. The combination can send cars spinning and sliding. This can be especially treacherous on bridges, overpasses, secondary roads, exit and entrance ramps. Plus, when the snow isn’t consistent, street crews are less likely to be out in full force with salt and sand trucks, increasing the chances that the roads haven’t been treated.

This means drivers need to use extra caution anytime they venture out shortly after temperatures rise above freezing. Too many accidents happen because motorists think spring has sprung and so let their guard down.

While many drivers have their vehicles checked prior to the beginning of winter season, it’s also important to ensure your car is in good working condition after enduring such a tough winter. In particular, it’s important to check the tires traction and tire pressure, brakes and wiper system. All of these can take a beating in winter.

Beyond that, it’s important that drivers continue to maintain slower speeds, even as the weather continues to warm. Be prepared for an occasional ice slick or slippery road by driving slowly and leaving yourself plenty of room to stop suddenly if necessary.

If you do need to make an abrupt stop, gently apply the brakes in order to avoid skidding.

Finally, take this opportunity if you haven’t already to talk to your teen driver about the appropriate way to react while driving wet weather. In the Calais crash, the sister, who was deemed at-fault, was later quoted as saying that she “completely panicked” and “was so scared, I didn’t know what to do.” She simply covered her face with her arms to brace for impact.

Thankfully, the siblings suffered only minor injuries – scrapes, bruises, a sprain and a concussion. But it could have been far worse.

It’s imperative that all drivers practice the utmost care as we continue to see through the end of this winter weather season.

If you are the victim of a Bangor car accident, contact us at 1-800-490-5218.

Allowing teenagers to drink alcohol in your home doesn’t make you a “cool” parent or friend. Neither is it particularly smart because there is a good chance you could be jailed or face civil liability if one of those teens goes on to hurt themselves or someone else after drinking alcohol you supplied.

Just ask a 24-year-old Stacyville man, who was arrested not once – but twice for the same offense, even though the first incident reportedly resulted in a crash.

Our Bangor car accident attorneys want to drive home this message, especially as we approach prom and graduation season. Teens may be eager to celebrate, but being the one to supply the drinks or host a booze-filled party can land the involved adults in serious trouble.

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Sheriff’s deputies in Warren know this much: An 18-year-old driver’s pickup truck crossed the center line of Route 1 shortly before 7:30 a.m., slamming head-on into a sport utility vehicle driven by a 38-year-old woman.

The SUV driver was killed instantly. Her 18-year-old son and his 18-year-old girlfriend were seriously injured.

The driver of the pickup? Investigators say he was also seriously hurt, and has no recollection of the crash. Authorities have concluded texting did not play a role, but they aren’t sure what did. Given that it was so early in the morning on a weekday, alcohol wasn’t likely involved either, but toxicity reports are still pending.

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