Legal Question in Personal Injury in Oklahoma

Bye Bye BMW

My pregnant fiancee and I were in a auto accident on 12 Dec 06. The other driver was cited for failure to yield right of way and I was not cited at all. He drove his durango away but my BMW was towed. My fiancee went to the hospital in an ambulance but is doing better now. I have suffered constant pain in my left knee. The BMW is in the shop and so far has $9800 worth of repairs. The other driver's ins co sent a check to me for the original estimate of $8025 and said they would send a supplemental direct to the repair shop for the balance. I have considered hiring an attorney because they refuse to total the vehicle. I am concerned that with such extensive repairs, will my car ever be the same and what about the diminshed value of the vehicle? I haven't cashed the check they gave me yet and they had wanted me to sign a full release to get the check but I refused and they gave me the check anyways. Should I return the check? What about the DIV claim? Should my diancee and I have different claims for medical issues? What about the risks to our unborn child? Any help would be greatly appreciated.


Asked on 1/15/07, 1:25 pm

1 Answer from Attorneys
Steve Chlouber Fuller, Chlouber & Frizzell, L.L.P.

Re: Bye Bye BMW

Since the vehicle was not totaled, you may have a claim for dimunition in value under Oklahoma law. It sounds like you and your fiancee should consider hiring an attorney to resolve the property damage claim and bodily injury claims that each of you have. You can email me directly at the email listed in the footer if you have further legal questions. Thanks.

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Answered on 1/16/07, 11:47 am


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