Driver hurt by uninsured motorist says insurer failed to pay claim

Kelly Holleran Feb. 25, 2010, 8:26am

A woman has filed suit against her insurance company, saying it failed to reimburse her for medical costs she incurred after an uninsured driver struck her.

Na-Torisa Franklin claims she was driving west on East Ninth Street on June 15, 2008, when defendant Frederick Burns, who was fleeing from Alton police, struck her vehicle.

Because of the collision, Franklin suffered injuries to her head, neck, back, leg and arm; experienced great physical pain and mental anguish; and incurred medical costs, according to the complaint filed Feb. 23 in Madison County Circuit Court.

Burns negliently failed to keep a careful lookout, drove too fast, failed to yield the right-of-way and drove a vehicle in the commission of a crime, the suit states.

At the time of the accident, defendant American Service Insurance Company had issued an insurance policy to Franklin's mother, Corletha Langford, which was supposed to provide coverage to Franklin should she incur any injuries caused by an uninsured motorist, the complaint says. However, the company has failed to do so, Franklin claims.

In her complaint, Franklin seeks a judgment of more than $50,000, plus costs and other relief the court deems just.

Daniel J. Gauthier of Pedroli and Gauthier in Clayton will be representing her.

Madison County Circuit Court case number: 10-L-199.

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