Legal Question in Civil Litigation in Oklahoma
he was at fault but his insurance won't pay for my truck
i was involved in an auto accident that was determined by the hiway patrol to be the other drivers fault. my vehicle was totaled, and i carry only liability insurance. his insurance company says he was not liable, and has denied my claim. my claim is not large enough (approx. $6k), for an attorney. what can i do to get my claim paid.
1 Answer from Attorneys
Re: he was at fault but his insurance won't pay for my truck
Thank you for your question. Your post fails to provide enough information to allow an answer by return post. If the collision occurred in Oklahoma and involved property damage, and liability is clear you should not have a problem finding an attorney to help you. On property damage, Oklahoma provides for attorney fees in addition to the property damage. Normally an insurance company will be eager to pay the property damage to avoid the attorney fee. Particularly where the Accident Report indicates that their insured was at fault. HOWEVER, the Highway Patrol officer was not there when the collision occurred and can only base an opinion on what the physical facts at the scene indicate. His report will not be allowed as evidence of fault. If the liability (fault) question is close you should expect that an attorney will require you to pay all of the costs such as filing, service, expert witness and other fees. But I would encourage you to continue looking for an attorney. If you were partly at fault this would reduce your damages by the percentage of fault contributed by your own negligence. Your question does not tell what happened from your viewpoint so fault cannot be evaluated. Good Luck