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Oklahoma Car Accidents Questions & Answers

1 Answer | Asked in Criminal Law and Car Accidents for Oklahoma on

Q: I got a witness notification of court date from ok. It requests me but I live far away. Is this a subpoena/mandatory?

I received a witness notice of court date rrequesting my presence back In Oklahoma for an auto accident in which they are charging the man that hit me. They sent the letter on 9/3/19. I received it 9/10/19 via regular mail and was not served. I’ve called and left messages trying to tell them it... Read more »

Keegan Kelley Harroz answered on Sep 13, 2019

If you have not been properly served you have no legal obligation to appear. However, your failure to appear to testify could result in the case being dismissed against the Defendant.

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?

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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 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 »

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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 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 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 Criminal Law and Car Accidents for Oklahoma on

Q: A motor vehicle as in my name or (not and/or) an others name, other commits a criminal act, wrecks, etc. am I responsibe

I'm trying to help an adult daughter with transportation whom is required to have an interlock installed. She has been arrested for possession of CDS twice and has in the past had single vehicle accidents of which I am suspicious. So my concern is that if I am on the title of a car the she either... Read more »

Keegan Kelley Harroz answered on Apr 8, 2019

Yes, you open yourself up to litigation. It is best that your daughter not drive any of your vehicles and not be on your insurance.

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 damages, A... Read more »

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 A's car....
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 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 four years ago, it...
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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 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 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 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 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 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 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 therapist... Read more »

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 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...
Read more »

1 Answer | Asked in Car Accidents for Oklahoma on

Q: Involved in a wreck 3/17/18 and was told by they insurance company they policy cancelled on 3/4/18. What can I do

Peter N. Munsing answered on Mar 21, 2018

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... Read more »

2 Answers | Asked in Car Accidents and Libel & Slander for Oklahoma on

Q: I’m wondering what type of lawyer I would need for False Accusations on a Crash and Collision someone reported?

I bought my car with a white paint trace on the Driver side Bumper from a used car dealership. Someone called in and claimed I hit them while I was driving and they were driving behind me? The Vehicle was a Charcoal Grey so the Paint trace didn’t match and I know for a fact I did not hit his... Read more »

Gary Johnston Dean answered on Mar 18, 2018

See a personal injury attorney to discuss this with.

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1 Answer | Asked in Car Accidents for Oklahoma on

Q: Fiancée was middle car in hit and run. Now the woman in front of her is suing my fiancée for damages, medical expenses.

Responding police officer declared it a hit and run in his report. Plaintiff filed claim with my fiancée’s insurance company who denied their claim because of zero wrong doing by my fiancée. In the plaintiffs lawsuit paperwork, it has no mention of police report or hit and run. Accident... Read more »

Robert D. Kreisman answered on Feb 19, 2018

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... Read more »

1 Answer | Asked in Car Accidents for Oklahoma on

Q: OK my car slid off the road 5 days ago not a mile from my home I went back a few hours later to pull it out of the ditch

Well when I got back there a state cop towed my car and is trying to say I was drunk he's got my wife's car on hold and says she ain't getting it back until I turn myself in and go to jail well I'm on probation and I'm freaking out thinking that because I had a wreck I'm going to prison

Peter N. Munsing answered on Feb 11, 2018

Well worth your getting at least a consult with an attorney who handles criminal cases as the potential charges are serious even if the policeman acted wrongly.

Do that ASAP

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