Oklahoma Car Accident Legal Questions

Hi Sean. You should retain an injury attorney on contingency fee, which means you pay nothing unless you win the case. Insurance companies do not take unrepresented parties seriously as you are finding out. If you need help finding an attorney in Oklahoma reach out to one of us privately, and we will help you find one. ... Read More

If the claimant(s) will not accept the policy limits offer to settle, then you will be personally liable for any judgment over the policy limits unless you have other insurance. If you owned your own vehicle that had insurance or are insured under another auto policy, that other policy usually will provide additional or excess policy limits over and above the policy that covered your girlfriend's vehicle that you were driving.  if so, you need to notify the other insurance company of the accident.... Read More

The law you are referring to is called the No Pay-No Play Law. Generally, it provides that you must carry liability insurance in order to recover damages for anything more than your medical bills and lost earnings. There are several exceptions. The law is being challenged as unconstitutional. Until the validity of the law is determined, you should consult with a lawyer. Update 2015:  This law has now been ruled unconstitutional by the Oklahoma Supreme Court.... Read More

If the person driving the vehicle had previously used the vehicle with the permission of the owner, then you may well have a case of implied consent, even though the owner did not consent to this particular use. If he owner of the vehicle consented to the use of the vehicle on this occasion, that is actual consent. Even if turns out there was no implied or actual consent, if your Mom has uninsured motorist coverage or the car she was occupying when she was injured has uninsured motorist coverage, she will be covered with that coverage.  ... Read More

Contrary to popular thought, there is no "formula" for computing the value of an injury case. Most commonly, people are incorrectly told that a case is worth 3 X the medical bills. There is no such law or rule in Oklahoma. A person is entitled to claim medical bills, lost earnings, impairment, disfigurement, and other consequential damages, as well as pain ... Read More

If its an arms length transaction, and the car was really sold, then there generally is no liability for damages caused by a car which happened after the sale.  Registration is not determinative because in Oklahoma, registration does not mean ownership; and without ownership, there is no right of control; and if there is no right of control, there can be no liability for the acts of others.  In any event, you should advise your insurance company of the accident and the sale; and let them handle it for you. ... Read More

The Alabama policy will pay for a wreck in Oklahoma. Unfortunately, though, if the wreck was truly your fault, you will not be able to recover under either the liability or uninsured/underinsured motorists coverages on the policy. That leaves (for payments for injury to your person) only "medpay" coverage, which will pay your medical bills up to policy limits regardless of "fault." Usually, medpay is limited to only $1000-5000, though.... Read More

If the lawyer failed to tell you he or she could not represent you, that would be improper on the part of the lawyer. If the statute of limitation (usually two years) has run, then you may have a claim for malpractice against the lawyer. If the statute has not run, then you just need to hire lawyer to pursue the claim. ... Read More

What you can and shouold do is sue the "at fault" driver. I don't understand why an arbitration finding which went against the at fault driver could hurt your case, assuming you are not that driver. Even if you are, you will not be bound by the finding in that arbitration unless you were a party to it. Usually, an arbitration in that situation is between the insurance companies and delas only with the property damage the insurance company has paid. The statute of limitations on such a cliam is two years, so you have only until September 12, 2014 to bring your suit or it will be barred.... Read More

It sounds like you have run afoul of the Oklahoma Financial Responsability Law. The way this works is that if someone is involved in a car wreck which causes them injury or property damage, they can file an accident report with the Department of Public Safety (DPS) and attach to the report a repair estimate and/or medical information. If the opposing driver does not file a report showing insurance, DPS holds a hearing and sets a bond which that driver must post or driving privileges and car registration will be suspended.   You need to immediately contact the DPS Financial Responsibility Division (405)425-2098) and find out what they show about why you were suspended. It sounds like someone else, pretending to be you had a wreck and gave the trooper or police officer your information. Unless they a lso gave a false address, you should have gotten notice at several points in the process.  The Statute of Limitations is 2 years so unless they have sued and gotten a judgment, you can get the suspension lifted. If you can't handle this yourself, call Steve Fabian (405)348-2875.... Read More

If you have collision insurance on your car, let your insurance company fix the car, then your insurance company has the right to get their money back from the responsible party and they may get your deductible back for you also. If you don't have that insurance, you will probably have to sue the responsible party for your repair bill. ... Read More