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%?
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 »
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
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 »
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??
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
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.
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 »
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 »
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 »
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Depending on the circumstances, yes. If a death is involved you need the advice of an attorney whichever side you were on.
Is it legal for an insurance company to "discount " the asking price of comparable vehicles?
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 »
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 »
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.
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?
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.
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 »
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 »
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 »
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 »
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.
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
I told the driver to stop but she kept going can I get in trouble also
No.
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
I assume you contacted cops. Talk to a member of the OK assn for justice--they give free consults.
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 »
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.
What assets can be attached, i.e., retirement accts, wife's personal accts, any/all joint accts, home, etc.?
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.
Is there anything we can do about it?
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 »
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 »
Don't accept the deal. It's not fair, especially for your girls. See an experienced personal injury lawyer to talk about this.
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?
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.
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