Legal Question in Personal Injury in Oklahoma

Settlement from insurance company?

First, I have no attorney. I am a law school grad, not an attorney yet. This is handled Pro Se. I was in a MVA. Back injury resulted. State Farm, other drivers insurance company, has agreed to pay for medical bills and what not. My question is. How do I get them to pay some costs now and the rest latter. I have piles of bills from procedures that are due and I can not pay these. State Farm says they don't do this. However, if not paid, the creditors will mark my credit report for non payment. Seems, StateFarm has a duty to mitigate damages. But, I am unsure of whether that is a damage they have a duty to mitigate against. Any suggestions.


Asked on 9/23/04, 9:01 pm

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: Settlement from insurance company?

The sad truth is that State Farm has no duty to you. Their obligation is to their insured. You have a duty to mitigate your damages. The other driver, assuming he is found soley at fault will owe you for all damages that have flowed to you proximately caused by the collision. I am unaware of any case or statute that would permit you to recover for damage to your credit reputation. (Sorry) I am not saying that you cannot but only that I am not aware of it. Hopefully if another attorney is aware of a right then they will also provide an answer. If you have any available health insurance, or med pay or uninsured/underinsured coverage of your own on your vehicle you should be attempting to get one of these sources to pay.

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Answered on 9/23/04, 10:10 pm


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