Lawyers, Answer Questions  & Get Points Log In
Oklahoma Car Accidents Questions & Answers
1 Answer | Asked in Consumer Law, Car Accidents and Insurance Defense for Oklahoma on
Q: Does the insurance have to total a vehicle if the repair costs surpass the Total Loss Threshold? Asking in Oklahoma.

The Total Loss Threshold is 60% in Oklahoma, the repair costs are currently around $25,000, the vehicle's value is around $37,000-$39,000.

Would they legally have to total it since it is over 60%?

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

This is really a question for an Oklahoma attorney, but your post remains open for four weeks. As a general matter without regard to any state-specific considerations, this issue comes up regularly in total loss determinations. Different states may use different thresholds. But where provided for... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Bad Faith for Oklahoma on
Q: in a total loss claim can the insurance co deduct the salvage value from the actual cash value that is due for claimant

this was a five vehicle ,accident the fifth vehicle was a Ford F-250 truck and the insurance company for the driver's insurance co. accepted full responsibility for all damages by subrogation

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

If the claimant wants to keep the car, yes they can say "well,you are getting back what the salvage value is." Now you need to determine how they figure that, and if what you get will allow you to repair the car to the level it can be inspected. If there are problems with that or other... Read more »

1 Answer | Asked in Car Accidents for Oklahoma on
Q: I was driving down the highway when a person mad a left turn pulled in my lane and I hit them. Who’s at fault

The officer tried to call it a 50/50 because I swerved to the left and hit the rear side of there car not fender back passenger door. I had no time to stop. Could I really be liable??

Tim Akpinar
Tim Akpinar answered on Mar 19, 2020

It's a difficult call to make without the benefit of video cams that show the movements of all vehicles. In the aftermath of such a collision, liability in such settings is sometimes split down the middle for lack of evidence from one side or the other to the contrary. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents for Oklahoma on
Q: If i hit a cow on the roadway in Oklahoma would the cows owner b at fault
Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

Likely they would be--a person is supposed to keep their cattle on their property in most states.

Contact a member of the Okla. Assn for Justice--they give free consults.

1 Answer | Asked in Car Accidents and Traffic Tickets for Oklahoma on
Q: would it be illegal to mount steer horns on my car hood if they were securely mounted
Tim Akpinar
Tim Akpinar answered on Jan 6, 2020

An Oklahoma attorney could best address your question because it could involve elements of state law. But it remains open for three weeks. As a general matter, aside from the apparent safety issues, it could be a significant factor raised by a plaintiff in an accident. It could also be an issue... Read more »

1 Answer | Asked in Insurance Bad Faith and Car Accidents for Oklahoma on
Q: Must other driver’s insurance pay for damage to my unoccupied second vehicle that was uninsured?

My second vehicle was parked on the street and was not occupied. Another driver crashed into my vehicle causing a lot of damage. The other driver does have insurance. Will that driver’s insurance company be required to pay for the damage or will my state laws give them an ‘out’ since I was... Read more »

Jason Bolitho
Jason Bolitho answered on Jan 2, 2020

That is frustrating situation to say the least! If you have the driver's insurance information, then contact the insurance company and file a claim against the driver's insurance for the property damage to your vehicle, diminished value (if applicable), and any other property damage that... Read more »

1 Answer | Asked in Car Accidents, Criminal Law and DUI / DWI for Oklahoma on
Q: If a drunk driver killed someone in a driveway in Oklahoma, could that person be convicted of first degree manslaughter?

..

Peter N. Munsing
Peter N. Munsing answered on Jul 29, 2019

Depending on the circumstances, yes. If a death is involved you need the advice of an attorney whichever side you were on.

2 Answers | Asked in Car Accidents for Oklahoma on
Q: On a total loss vehicle, when determining the Acual Cash Value

Is it legal for an insurance company to "discount " the asking price of comparable vehicles?

Doak Willis
Doak Willis answered on Jul 21, 2019

I’m not sure what you mean by discounting the asking price of comparable vehicles. The way it should be valued is what the value of a similar vehicle in similar condition is valued. One of the best ways to find the value of your vehicle is to use the vehicles listed on EBay Motors that are... Read more »

View More Answers

1 Answer | Asked in Personal Injury and Car Accidents for Oklahoma on
Q: was hit by a driver he later died now suing the estate wondering if there might be legal rights to accounts

93 year old man ran a red light and hit me on the driver side. causing major injuries to me causing me to be flown and be put on full life support. we ended up suing him, but 2 months after we did he died, now suing the estate. they sold the land and the house and with the insurance money was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2019

Talk to your attorneys. If they have a contingent fee they have every interest in maxing the amount, and presumably have filed a notice of claim with the estate.

1 Answer | Asked in Car Accidents for Oklahoma on
Q: I was at fault for a minor fender bender on 2/20/19 and don't have insurance. Police report wasn't submitted till 03/18

What are my legal rights? I was going under 2mph but just now I'm receiving a $800$ estimate which I believe is beyond inflated, from potentially a fake company. I aknowledge I'm at fault but I have to many red flags to blindly pay that amount. What are my options at this point?

Kyle Persaud
Kyle Persaud answered on Apr 16, 2019

Before you pay anything, you should make sure that any documents you receive, saying you owe money, are genuine.

You have the right to ask for proof that the documents are genuine.

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Small Claims for Oklahoma on
Q: Does a vehicle have to yield to a pedestrian attempting to halt its movement by stepping in its path?

Two vehicles are in a parking lot. The elderly Driver of Vehicle A opens their door, loses their grip due to the wind, and the door swings into Vehicle B, leaving a deep dent (6" x 3" x 1/2"). The driver of vehicle B gets out and examine the damage. When B insists A is liable for... Read more »

Kyle Persaud
Kyle Persaud answered on Mar 13, 2019

There are a number of offenses, for which each driver may be liable.

Driver A may be guilty of assault. "An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another." Okla. Stat. tit. 21 sec. 641. A attempted to injure B with...
Read more »

1 Answer | Asked in Car Accidents for Oklahoma on
Q: Am I still within the time limits to refile an auto negligence case that was dismissed WOP 6/23/2015?

Before the case made it to trial after over a year of litigation, I was convicted of a dom A&B that had me sentenced to a year in jail. The law firm representing me called my phone looking for me and was told by my girlfriend that I was in jail. a month later, without notifying me, the attorney... Read more »

Kyle Persaud
Kyle Persaud answered on Mar 11, 2019

You must file an action for auto negligence within two years after "the cause of action shall have accrued."

In an auto negligence case, the cause of action, generally begins to "accrue" on the date of the auto accident.

Because this case was dismissed almost...
Read more »

1 Answer | Asked in Car Accidents for Oklahoma on
Q: Was in accident, not at fault, Oklahoma, onstar sent fire department who then billed me, so Do I have to pay?

Swerved to miss deer, olive fire department showed up but did nothing, Onstar sent emergency services, I was okay and out of truck before anyone showed up on site.

Peter N. Munsing
Peter N. Munsing answered on Dec 16, 2018

Is it the fire company or a firm or collection agency? There's one that goes from state to state doing this. Contact your insurance company, then the insurance department. https://www.mcall.com/news/mc-fire-company-insurance-bills-20150729-story.html

1 Answer | Asked in Car Accidents for Oklahoma on
Q: Can a passenger get in trouble if involved in a hit and run car accident in a parked lot even if u told driver to stop

I told the driver to stop but she kept going can I get in trouble also

Peter N. Munsing
Peter N. Munsing answered on Oct 8, 2018

No.

1 Answer | Asked in Car Accidents and Personal Injury for Oklahoma on
Q: We got rear-ended in hit &run.neglient car kept driving but car inoperable stopped 1/4mile after.we had no insurance

Other driver left car walked away without seeing if we were ok or talking to us.i checked her glove box for insurance and found tag and license info.intersection has cameras

Peter N. Munsing
Peter N. Munsing answered on Sep 4, 2018

I assume you contacted cops. Talk to a member of the OK assn for justice--they give free consults.

1 Answer | Asked in Car Accidents, Personal Injury, Agricultural Law and Animal / Dog Law for Oklahoma on
Q: Hit a pig on a state highway. What can I do about my car damage? Livestock owner said the 2 pigs escaped fence.

We’re in Oklahoma the accident happened in Minco, OK to be specific. The livestock was in the middle of my lane I did everything I could to prevent hitting it but it happened anyway. I was almost to a complete stop when I saw the car behind us about to run into us so I then pulled to the side of... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 4, 2018

Get an estimate and have it paid for by farmer or his insurance. Or if you have collision run it through yours and they can,,,,, call farmers (as it were)(sorry).

If you were injured, contact a member of the Oklahoma Assn for Justice--they give free consults.

1 Answer | Asked in DUI / DWI and Car Accidents for Oklahoma on
Q: If sued in an OK civil case, what assets can be attached?

What assets can be attached, i.e., retirement accts, wife's personal accts, any/all joint accts, home, etc.?

Peter N. Munsing
Peter N. Munsing answered on Sep 4, 2018

If you have insurance, you are hopefully protected. If you don't, then you need to get a consultation from an attorney in your area who handles bankruptcies, which would be a protection for you. You may not need it as in some states marital jointly held property is immune from seizure.

1 Answer | Asked in Car Accidents for Oklahoma on
Q: My mom flipped her truck which has 2 air bags and neither of them deployed. They used the jaws of life.

Is there anything we can do about it?

Peter N. Munsing
Peter N. Munsing answered on Sep 4, 2018

I hope she is well. If she is catastrophically injured, it may be possible depending on the dynamics, but there are several problems --1) you say she flipped it--that presumes she is at fault; 2) airbags are designed for front impact, possibly side impact--roll over protection bags handle... Read more »

1 Answer | Asked in Car Accidents for Oklahoma on
Q: If the person who caused the accident admitted 100% fault, the insurance paying 80% for my car repair

she has admitted to the police and her insurance company that it indeed was her fault. Because I hit my brakes before slamming on them to slow my car down. they claim I'm at 20% at fault. then, they only want to pay 500.00 for injuries to both of my girls because I took them to a Manual... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on May 26, 2018

Don't accept the deal. It's not fair, especially for your girls. See an experienced personal injury lawyer to talk about this.

1 Answer | Asked in Car Accidents for Oklahoma on
Q: I was I’m an auto accident Dec 23rd. I was At a stop and was rear-ended. My vehicle has been repaired but the

Other party’s insurance company doesn’t want to pay my medical and are asking for my prior chiropractic records. Are they entitled to have these records?

Gary Johnston Dean
Gary Johnston Dean answered on May 10, 2018

You should consult an experienced Personal Injury Law Attorney, in your area, for help with this problem. Statistics prove that a person represented by an attorney receive far higher settlements than those on their own.

If a suit is filed, they would be entitled to see your medical records.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.