Legal Question in Traffic Law in Oklahoma
Can someone sue me for the cost of a rental car after an accident?
I had an accident a few days ago, which was my fault. It wasn't a big accident, I was driving very slowly, the traffic light was green when I looked, but by the time I actually turned right, it must have switched to red already. The women in the other car was very young, with a small child. Her car really didn't get very messed up, but now she keeps on calling me because my insurance company won't pay for a rental car. She insists that I have to pay for it, since she needs to bring her child to nursery. She threatened to go to a lawyer, and take me to court because of this. My question is this, does she have any rights to force me to pay for a rental car? Can she actually sue me, or is this just an empty threat?
In case this is of any importance, I did not get a ticket for this accident, it's not going on my record. The policeman said that this was really an accident, even though technically, it's my fault.
1 Answer from Attorneys
Re: Can someone sue me for the cost of a rental car after an accident?
To answer your questions in order:
does she have any rights to force me to pay for a rental car?
Since you have insurance, she can not force you, personally, to pay for her rental car. She can make a claim against your insurance and then the adjuster can either allow for a rental, or not, based on their investigation.
Can she actually sue me, or is this just an empty threat?
The simple answer is yes, she can sue you. She can sue you for property damage, loss of value and her rental car costs. If she seeks medical treatment, she can sue you for personal injury/pain and suffering as well. Sometimes lost wages are involved. If you are sued, notify your insurance provider immediately. Most insurance policies provide for legal representation if you are sued as a result of an accident.
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