Car Wreck Blog by Gilpin Law Firm

Car Wreck: what's due me on my wrecked car?

Wed, 15 Feb 2012 13:13:49 -0600

Car Wreck: what's due me on my car and what if it's a total loss? You're in an auto crash, it wasn't your fault and your car is damaged or damaged so badly it's a "total" loss. In an auto crash, a total loss means the cost of repair is more than about 40% of your car's value before the wreck. In a car wreck, if your vehicle is NOT a total loss (can be driven and repaired) then: you can pick the Body Shop; insist on first rate repairs; and, should get a rental car while your car is in the Shop being repaired. When a vehicle damaged in a car crash case is a total loss (and can't be driven), under Oklahoma law, you are due the value of your car before it was wrecked. And, should get a rental car until the insurer for the guy at fault declares your auto a total loss and makes an offer to you for the car's value. In this scenario you are not dealing with your own auto insurer. Instead, you are dealing with the other person's insurer and you were not at fault for the car accident. Remember, your car's value is NOT what you wish it to be or what you bought it for or what you may owe on the car loan. The value of a totaled car is estimated upon what that car would sell for in that locality (not what someone might be "asking" for the car, what it sells for). In arriving at a fair market value, take into consideration: year, make and model of the car, mileage, options on the car and the car's general condition.

Car Wreck: who pays my medical bills?

Sat, 04 Feb 2012 15:58:57 -0600

Car Wreck: who pays my medical bills and when? What if you are in an auto wreck, it wasn't your fault and you're hurt. Your related medical bills are piling in as you get treatment. Does the person at fault, or his/her auto insurer pay your bills as they pile up. Short answer "no". And, you likely do not want the person at fault, or their auto insurer (liability insurer), to pay your medical bills until your treatment is fully completed and at an end. (possibly your own Med Pay auto insurance on your car is a difference question) Why? The case/claim you have against the person at fault is not ready to be valued until the full nature and extent of your damages/injuries are known and ALL the related bills are "in". If you take money before the end of your treatment, you risk mistakenly concluding (settling) the matter before it's over. Taking $$ from the other side usually means you're done/finished on the issue the money pays on. And, the person at fault, their liability auto insurer, knows you are vulnerable at this point, i.e., injured, likely angry and bleeding money on the bills. But, don't take money, i.e., conclude your case until you are done treating and know the full nature and extent of your damages. Also, the liability auto insurer (one for the person at fault) probably wants to conclude your case/claim (forever) for the littlest amount possible. No payments for personal injury damages, such as: medical bills, pain, suffering, lost wages, disability (permanent and temporary), emotional stress should be taken or made until all your treatment is concluded by your care providers because only then your case/claim can be fully evaluated. At that point a one time settlement can be considered or a lawsuit filed if a settlement can't be agreed upon. But, be aware and remember, in Oklahoma, the Statute of Limitation on a personal injury claim/case, such as a car wreck, is two (2) years from the date of injury. Discussing settlement or negotiations does NOT toll this statute of limitation from running.

Negligence Damages Limited?

Tue, 24 Jan 2012 16:58:07 -0600

What if someone hurts you, say in a car wreck, does the law automatically limit your damages? In Oklahoma, the answer is “yes”. Recently passed Oklahoma law caps your “non-economic” damages (pain, suffering, emotional distress) at $350,000 before you even get out of your wrecked car. The exception to the cap is if a judge and jury find the wrong doer acted in “reckless disregard of your rights”, was grossly negligent, fraudulent or acted with intent or malice to hurt you. A negligence case, like an auto crash, wouldn’t lift this automatic cap on your damages, even if you were negligently run over by a school bus. $350,000 might sound like a lot, and your medical and wage losses are not included, But what if you were a low wage earner, unemployed, retired or a child when the injury happened? Then, you wouldn’t have a lot in wage damages. And, some devastating and permanent injuries can’t be treated with much physical recovery, thus leaving you with a life-changing situation. Consider someone who loses a leg or arm or maybe suffers a closed head injury. Their entire life is changed dramatically due to the wrongful actions of another person, but their life of pain; suffering, disability and emotional damage is capped at $350,000, no more.

Limited recovery if injured by the State?

Fri, 13 Jan 2012 17:50:46 -0600

In Oklahoma, if you are injured by a state entity or employee, county or city government entity or a public Trust Authority, your money damages are limited to $125,000.00. Even if you are in a car wreck, the auto accident was not your fault and your injuries are catastrophic (but you're alive). $125,000.00 disappears fast if your injuries are serious. There may be ways around this limit, but it gets very fact specific and complicated. That's one reason why I practice law. To help people who have bad things happen and few options left to them.

Car Wreck - who's got the insurance?

Fri, 06 Jan 2012 14:16:44 -0600

Car Wreck with injuries - who’s got insurance to cover your personal injuries? If the auto wreck is not your fault, but the other guy has no liability auto insurance, important questions mount up fast. If you had the foresight to buy uninsured/under-insured motorist coverage (U.M. with your other auto coverage), the first issue is “what’s an uninsured vehicle”? In Oklahoma, an uninsured “vehicle” is one designed for use primarily on the public roads and streets, that is not covered by a liability insurance policy, or one that is covered by a liability policy but the amount of coverage is not enough to cover the injured person’s damages. (under-insured). Sound simple? What if your wreck was caused by a rancher’s tractor or construction equipment with wheels that’s on or by the road? An “uninsured vehicle” is also one where the liability insurer is unable to make payment because of insolvency (the insurer went “belly up”), when the insolvency occurs within 1 year of the wreck.

No auto insurance means no full recovery

Wed, 04 Jan 2012 12:11:54 -0600

Can you recover on an injury car wreck that was not your fault, but for some reason you didn’t have auto insurance on your car? As of November 1, 2011, in Oklahoma the answer is: “not completely”. Say a third party runs a “Red Light” and plows into your car as you properly passed through an intersection. Whether you are injured with only cuts & bruises or catastrophically & permanently (paralysis from the neck down), but you are alive, then you can only recover for medical expenses, lost income and property/car damage. You cannot recover for your pain and suffering or emotional injuries IF your car you were driving did not have auto insurance on the date of the accident. This new law applies even if it was a mistake that allowed your auto insurance to lapse, such as your spouse forgot to mail that payment in on time. The idea is for state Government to punish drivers on the roads without auto insurance and to force everyone to buy auto insurance. There are complicated exceptions to this “No Pay – No Play” law, for example: a wreck involving a death; if the at-fault driver was under the influence of alcohol or drugs and that can be proven or he/she pleads guilty or no contest to that charge; the law does not apply to car passengers (unless the passenger was the owner of the uninsured car or was a pedestrian); the at-fault person intentionally caused the wreck, left the scene or was committing a felony at the time of the car accident; this law doesn’t apply to an injured person who was claimed as a dependent on a parent’s federal income tax return and it was the parent who didn’t have auto insurance; the law won’t apply to an injured person who previously had auto insurance, the coverage was terminated for failure to pay, but within 30 days of the wreck notice of auto insurance termination was not sent to the injured person’s last-known address. In short, buy auto insurance or it gets complicated real fast.

Sue employer for job injury?

Fri, 09 Dec 2011 11:48:44 -0600

Can I sue my employer for an on-the-job injury? If you mean sue in civil district court, the answer is most likely "no". In Oklahoma, unless an employer acts to intentionally injure an employee on-the-job, all non-exempt work injuries are handled by and litigated in the state Workers' Compensation Court system, not the civil justice system (County Courthouse). There are important differences between a claim in Workers' Compensation Court and one in a civil District Court. The differences include the processes involved, the rights and remedies available to both the employer/respondent and an employee/injured party. However, if you are injured on-the-job by an outside third party (ex: car wreck while traveling for your job), then you have BOTH a Workers' Compensation claim against your employer and a civil claim against the outside third party (not a fellow employee) that harmed you. But, the employer/respondent in the Workers' Compensation claim has a right to be paid back some or all of the monies it pays out on your Workers' Comp claim if you recover from the outside third party on the civil claim. It gets complicated.

RENTAL CAR?

Sat, 27 Feb 2010 16:31:00 -0600

You've been in a car wreck due to the negligence of another and you are hurt, but what about your messed up car? Are you due a rental car while your car is being fixed, paid for by the responsible person's insurer (not your insurance co.)? And, what if your car is a "total" loss, are you due a rental car until you find a new car? The law in Oklahoma might surprise you. First, let's deal with a car that is "fixable". (remember, we are not talking about your personal injuries in this blog) You are due the cost of repairs for your car and the value of the loss of use of your car while it is being repaired, i.e., usually means a rental car of equivalent size while your car is in the Body Shop being repaired (not that Jaguar you've always wanted). But, what if your car is declared a "total" loss, i.e., it would cost more to repair the wreck damage than the car is worth? In that case, the law provides that you are due the difference between the market value of your auto before the wreck minus the value of the wrecked mess. (value of your car on the market before the wreck minus the salvage value of the wrecked mess). In other words, no rental car if your auto is a "total" loss, unless your auto is a commercial vehicle specially outfitted for work. Think of a plumber's van outfitted for tools and equipment. If his/her van is a "total" loss, he/she loses money until it is replaced because until its replaced the "plumber" can't work. Doesn't sound fair. But, typically, if you have an attorney, most third party auto insurers (insurer for the guy/gal who hit you) will pay for a rental car from the date of the wreck (if your car is not derivable) until the date your car is declared a "total" loss by the insurer. But, its no guarantee due to the current law. This is one good reason why you need an experienced advocate working for you after a car wreck. A good attorney will argue the law at its best to make you whole, including the use of a rental car and for the third party insurer to buy your wrecked mess for the salvage value. Because, what are you going to do with a 'totaled" out car worth only salvage value?

Car Wreck, What Next?

Thu, 04 Feb 2010 11:22:24 -0600

You've been in a car wreck, it wasn't your fault and you are hurt. What next? Remember, first things first: If you are injured get immediate medical attention. Whether that means an ambulance ride to the Emergency Room, private car ride to the Emergency Room or to an Urgent Care facility or your doctor's office - get help right away for the sake of your health. Also, the longer you wait to get medical help the more difficult it is to hook up any injuries to the car wreck . Okay, so back at the wreck scene, you are hurt but walking and talking. Before you go to the hospital make sure someone has called the Police. Without the Police, and the report they generate, it quickly becomes your word against the person at fault's word as to how the wreck happened. That can get tricky. The Police are an independent third party who gather facts, talk to witnesses, do a diagram of the scene, issue citations and investigate. You will need that Police Report. Talk to the Police let them know what happened and what your injuries are so it all appears in the Police Report. What about statements to the auto insurance companies? Remember, the auto insurer for the person that hit you has an interest in helping its insured, not you or your claim. By law, the insurance company for the other person does not owe you a duty to deal in good faith. And, often, your own auto insurer has an interest in keeping the auto wreck in such a position that it does not pay out any money on a variety of coverages you may have bought and which apply. Best to consult an experienced injury lawyer as soon as possible and not give out any statements, except to the Police. Don't go it alone. You will hurt yourself.