Earlier this month, an appellate court in Oklahoma issued a written opinion in a car accident case brought by a passenger who was involved in an accident against the driver’s insurance company. Specifically, the court had to determine if the lower court was proper in granting the defendant’s motions for summary judgment based on the fact that it did not act in bad faith when it questioned the reasonableness of the medical care the plaintiff received.
The plaintiff was injured in a car accident while a passenger in her mother’s car. According to the facts as described in the appellate opinion, a driver ran through a stop sign and struck the plaintiff’s mother’s vehicle. After the accident, the plaintiff was taken to the hospital. She was initially taken to the emergency room, and then was transferred to the “L2 trauma center.” She was discharged four hours later with a cervical collar, but was not provided a prescription for pain medication. The plaintiff continued to receive outpatient treatment for her injuries.
The plaintiff later filed a claim under the uninsured/underinsured motorist provision of her mother’s insurance policy. She requested a total of roughly $67,000. Of that sum, $24,420 was incurred from the treatment that the plaintiff received at the L2 trauma center. The insurance company denied coverage for any charges arising from treatment in the L2 trauma center, claiming that such treatment was unnecessary. In support of its position, the insurance company consulted with an expert who stated that the plaintiff did not need to be transferred to the L2 trauma center.