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 A's car.
Driver B may be guilty of maliciously injuring a motor vehicle, because Driver B kicked the door repeatedly. Okla. Stat. tit. 21 sec. 1787 .
Peter N. Munsing's answer 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
Peter N. Munsing's answer 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.
Peter N. Munsing's answer 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 differently. To avoid going off and then being useless if something bad happens--she got hit by other traffic, let's say (G-d forbid)---the airbags are set to go off only under a certain narrow set of inputs....
Gary Johnston Dean's answer 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.
Peter N. Munsing's answer There are a number of steps but first contact a member of the Okl Justice Assn--they give free consults. Get a copy of your policy. There are other steps after that. If you have collision run the damage through that and let them hassle the guy. If not, send a note to him that if he doesn't show insurance you will contact the state. Let the cop know that the person had no insurance--make a copy of the letter stating no coverage.
Robert D. Kreisman's answer You have described a very weak case, but of course anyone can file a lawsuit. Make certain that your fiancé has reported the lawsuit to her insurer who will protect her interest assuming she has liability coverage. This is one of those instances where it is said that this is a reason we have automobile insurance coverage, particularly like this case where the liability and damages are so remote, doubtful.
Peter N. Munsing's answer Take photos of height of the truck. Take photos of height specified at garage. Send estimates and demand for payment to insurance company of garage. They don't pay, file complaint with the insurance commissioner of OK &/or the state AG office of consumer protection. That does no good file in small claims.
Peter N. Munsing's answer Talk to another lawyer. I'd handle the case if you were in Pa. Contact a member of the Okla Assn for Justice--they give free consults. I don't know what this guy was talking about--most insurers will fight you over 3k, let alone 25k.
However liability is an issue--if someone has a stroke but didn't know of the condition and it came out of nowhere, it is a "sudden emergency " and they may not pay. Avoid discussing your injuries with them.
Peter N. Munsing's answer If you have injuries you have an injury claim and should consult a member of the OK Trial Lawyers Assn--they give free consults. with your injuries this isn't d.i.y. It's also how you'll make up any loss on what you get for the property damage.
Peter N. Munsing's answer Depends on the nature of your injury. It's only been less than a year, and if they are arguing you had a preexisting condition--as they do in nearly every case short of amputation--yes, that can take that long.I'm assuming you have an attorney. If not you need to get one.
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