If you have been involved in a car wreck that was not your fault, you might be wondering what the insurance limits are that the at-fault driver carries.
Like most every other state in the nation, Oklahoma requires the drivers of motor vehicles to maintain minimum automobile liability insurance. The minimum liability insurance requirements in Oklahoma are:
$25,000 for per person;
$50,000 for multiple injuries ; and
$25,000 for property damage.
(Note that these are the minimums required by law – motorists are free to purchase auto insurance policies with limits higher than these minimums). There is no requirement that Oklahoma drivers purchase a policy rider that provides them with benefits in the event an uninsured motorist injures them.
It is well understood that car insurance policies are there to compensate you (or others) in the event of a car crash. What may be more confusing is exactly how insurance policies come into play following an Oklahoma car crash. Attorney Michael Carr of Carr & Carr, Attorneys at Law, provides some much-needed clarification about how liability insurance operates in Oklahoma.
Oklahoma is a Fault-Based State
Oklahoma is one of a number of states that follows a “fault-based” insurance scheme in the context of car accidents. This generally means that the insurance carrier of the at-fault motorist is responsible for paying the claims of the injury victims (up to the applicable policy limit). For example, suppose Driver A negligently runs a red light and strikes Driver B, causing Driver B to suffer injuries. (Assume Driver B is not at fault in any way for contributing to the crash). The insurance carrier of Driver A would be responsible for paying for Driver B’s injuries and losses. If Driver A’s policy limits are set at the state minimums, this would mean that the insurance company would be potentially responsible for paying up to $25,000.00 in total compensation. This is true even if Driver B has damages that exceed $25,000.00.
This arrangement means that before any insurance company will pay compensation to a person other than its own policyholder, the insurance company will need to determine that its policyholder was at fault in causing the crash. This means that injury victims may experience a delay in obtaining compensation if there is a question as to who was at fault in causing the crash.
What Happens if the Policy Limits are Exceeded?
In a car crash or personal injury case, any amount that is not paid by the at-fault person’s insurer can be held to be the responsibility of the at-fault person him or herself. In the example above, assume Driver B suffers $75,000 in injuries and losses. Driver B may sue Driver A personally for the additional $50,000 that is not covered by Driver A’s insurance company. If Driver B is successful, then Driver A will be personally responsible for paying Driver B $50,000. However, it can be difficult to collect money from a person individually since that person can declare bankruptcy or ask to pay out the sum over many years.
If your damages exceeds the insurance carried by the at-fault driver, you may be entitled to compensation from your own automobile insurance carrier if you carry uninsured\underinsured motorist coverage. Approximately 25% of Oklahoma drivers are uninsured. So, if you should always sign up for uninusred\underinsured motorist coverage if you can.
What Options Do I Have if I Was Injured in a Oklahoma Car Crash?
If you find that you have been injured in an Oklahoma car accident, we have three options for obtaining compensation:
File file a claim with the at-fault driver’s insurance company directly. Before this insurance company will pay your claim, though, the insurer will need to be convinced that its policyholder was at fault in causing the crash; or
File a claim with your own insurance carrier. This would be appropriate if you have uninsured\underinsured motorist coverage and\or medical payments coverage
In certain cases, it is better go straight into filing a lawsuit against the at-fault driver. This typically occurs when the case is complex and not one that has much of a potenital of resolving in the claims process.
Navigating the recovery process following a car crash can be tricky and will require an attorney to make a number of decisions that can impact not only how long your case will take to resolve but also what sort of legal recovery you might be able to obtain. Be certain that you have an experienced and knowledgeable Oklahoma car crash attorney on your side. Contact Carr & Carr, Attorneys at Law, at (800) 777-4878 if you or a loved one have been injured in a car crash. We can help you file a claim with an insurance company and/or file and prosecute a claim for damages in court.
We have offices in Tulsa, Oklahoma City and Northwest Arkansas. If it is not easy for you to travel and see us at one of our offices, we would be more than happy to travel to see you.
There are a wide variety of circumstances that lead to car collisions. No two car accidents are the same – car crashes come about because of a variety of reasons and the ways in which two (or more) cars collide will vary from case to case. These differences and distinctions are significant: The approach used to win one specific car crash victim’s case may not be successful in winning another car accident victim’s case.
Types of Collisions – Matching the Injuries to the Evidence
One way in which car crashes can be distinguished from one another is by looking at the type of collision involved. Different types of collisions can result in different physical damage to the affected vehicles and different injuries to the people involved. For example:
Head-on collisions occur when two vehicles’ front ends collide with one another. This may come about because one vehicle crosses the centerline and enters the lane of travel for opposing traffic. One would expect extensive damage to the front ends of each vehicle involved and for the airbags of both vehicles to deploy. These types of collisions might not result in the type of severe harm that may result in other circumstances because many of the safety features present in modern cars are designed to protect drivers and passengers in the event of a head-on collision. One of the big concerns in head-on collisions is “whiplash” injuries, in which an injured motorist’s head is made to “whip” violently back and forth because of the forces of the crash. This can result in a traumatic brain injury, which can require significant expenses and costs to properly treat.
Rear-end collisions occur when one vehicle strikes the rear of the vehicle in front of him or her. These collisions typically occur when the vehicle is either driving while distracted or fails to leave a sufficient amount of space between his or her vehicle and the vehicle in front of him or her. These types of collisions can also occur if the leading vehicle suddenly stops with no reason and without warning. Like in head-on collisions, one of the primary concerns in rear-end collisions is “whiplash” injuries that may lead to traumatic brain injuries. There is also a risk that drivers and occupants of the vehicle that is struck from behind will experience neck, back, and/or spinal cord injuries.
Side-strike collisions occur at intersections and are sometimes referred to as “T-type” collisions because of the shape of the vehicles take once the collision has occurred (that is, the shape of the letter “T”). In this type of collision, one vehicle strikes the other vehicle at a 90-degree angle. These collisions are typically caused by a driver who fails to yield the right of way at an intersection, who turns in front of oncoming traffic, and/or who fails to observe traffic lights and signals. The injuries sustained by the occupants of the struck vehicle are typically more severe due to the fact that some cars do not have as many protections on the sides of the vehicles as they do in the front and rear.
Contact Carr & Carr for Assistance Today
Whatever the type of car collision that resulted in harm to you or your loved one, count on the experienced Oklahoma injury lawyers of Carr & Carr, Attorneys at Law to help you recover monetary damages for your injuries. Contact or Call our firm today at (800) 777-4878 to discuss the facts of your case and the recovery process with a compassionate and dedicated member of our team. We have offices in both Tulsa, Oklahoma City and Northwest Arkansas. However, can meet with you wherever is convenient for you.
You have just been injured in an Oklahoma car crash – do you need assistance in filing a claim for compensation? Attorney Michael Carr of Carr & Carr, Attorneys at Law explains that many individuals not only find the assistance of an experienced and knowledgeable car collision claim attorney helpful, but crucial, in obtaining compensation for their injuries. The recovery process can be long and complicated: a skilled attorney is not only able to guide an injured client through each step of the civil claim process but he or she can also increase the likelihood that the client’s claim will be successful.
Reasons to Seek Legal Help in Filing a Case
There are other reasons that make hiring an attorney to help you with your car crash claim a good idea, including:
Your peace of mind while you heal: Preparing and pursuing a claim of compensation following a car crash requires the inured client to speak with a number of individuals (some of whom may not be particularly sympathetic to your injuries, your physical or mental condition, or your need for compensation. This group can include insurance adjustors and attorneys representing the other individuals involved in the crash. If you retain the services of an attorney, he or she can handle these unpleasant circumstances on your behalf so you are able to focus your attention on your health and recovery.
Vastly superior investigative resources: An essential part of any successful car crash claim is a thorough investigation into the cause(s) of the crash. This can involve locating and talking to witnesses who saw the accident, recovering evidence such as photographs, diagrams, the results of any blood or breath tests performed on the at-fault driver, and other critical information necessary to prove your case. While an injury victim is capable of accomplishing this investigation, a dedicated car crash law firm has the time and resources to be able to perform these important tasks more efficiently.
Greater familiarity with the law: There are substantive and procedural statutes and rules your claim must satisfy if it is to be successful. These statutes and rules govern what information the claim you file in court must contain, the timeframe within which your claim must be filed, and the manner in which the other parties involved in your claim (like the allegedly-negligent defendant) are to be notified of your claim. Failing to meet these requirements can result in your claim being dismissed. While you may be able to refile your claim in most cases, this requires additional time and resources.
A lawyer’s greater familiarity with the law is especially useful after a lawsuit is initiated and the allegedly negligent defendant and his or her attorney attempt to have your claim dismissed as a matter of law (which would prevent you from refiling your case). It can take days for a layperson with no legal background to perform the legal research required to properly respond to the legal motions and arguments of the opposing side. An attorney, however, is skilled in performing legal research and writing, enabling him or her to respond effectively and efficiently to the motions and arguments of the opposing counsel.
When Should You Call an Attorney for Help?
If you determine you need the assistance of an Oklahoma car crash attorney, retain the services of Carr & Carr, Attorneys at Law as soon as possible. The earlier an attorney intervenes in your case, the more benefit you will be able to experience from having that attorney’s assistance. Call Carr & Carr today at (800) 777-4878 to discuss your case and how our skilled legal team can help you with your car crash claim. We have offices in Tulsa, Oklahoma City, and Northwest Arkansas. We can also meet with you wherever you live.
Many people wonder if the money they expect to receive from an insurance carrier is taxable. Generally speaking, money received from a personal injury settlement is not taxable. According to the IRS, if you receive a settlement award based on a personal injury and did not make a deduction for your medical expenses related to your injury, the full amount is not taxable. However, if you did take an itemized deduction for the medical expenses you paid in more than one year, you must include in income that portion of the settlement that is for medical expenses you deducted in prior years to the extent the deduction provided a tax benefit.
Money received for pain and suffering is not taxable unless that money did not originate from a personal physical injury.
However, money received to compensate you for your lost wages might be taxable. To make matters more complicated, the insurance company does not always categorize the settlement money. Instead, they typically issue the money in a lump sum covering all the damages that you sought. What you might consider doing is telling the insurance company that you want the release that you are to sign to say that the money is for your pain and suffering and medical bills and not your lost wages.
If you’d like to learn more, please check out this IRS pamphlet.
For better guidance, we suggest that you contact a tax attorney. If you have been involved in a car wreck and have questions about your rights and what you are entitled to, please contact one of our car accident lawyers at Carr and Carr Attorneys. We have offices in Tulsa, Oklahoma City and Northwest Arkansas. We can also visit you no matter where you live.
L-R: Lisa Jensen (AAROC Board of Directors), Ron Stout (NASSAM vehicle owner), Chris Jackson (NASSAM 2016 Co-Organizer), Chris Brinkley (NASSAM 2016 Head Organizer), Karen Brinkley (NASSAM 2016 Co-Organizer), Karen Swan (NASSAM 2016 attendee), David Jensen (son of Lisa Jensen), Jerry Swan (NASSAM 2016 Organizing Committee
Chris Brinkley, one of the attorneys at Carr & Carr, and his wife Karen are big Saturn Sky and Pontiac Solstice roadster fans. As the organizers of the 11th North American Solstice Sky Annual Meet (NASSAM) this past summer, Chris and Karen, along with a bunch of their NASSAM friends, took part in some fundraising activities to raise money for a cause about which they are passionate.
Last weekend, those efforts came to fruition when Chris had the honor of presenting a $20,000 check to the Arkansas Autism Resource and Outreach Center (AAROC) in Bentonville, Arkansas. Along with another donation, this money will allow AAROC to open two more offices in underserved areas of Arkansas that are in desperate need.
Thanks to Chris, Karen, and the whole NASSAM team for working hard to make a difference in their community!
If you are meeting with a lawyer to discuss your car accident, it is not required that you bring anything with you. However, the process can be sped up if you are able to bring with you certain things. Again, if you don’t have these things then do not worry but if you then please bring the following:
Pictures of your car damage
Health insurance information
motor vehicle insurance information
Medical bills and records
These documents can help speed the process of settling your car damage claim and obtaining information about what you may be entitled to under your own motor vehicle insurance. Call Carr and Carr Attorneys at 800-777-4878 for a free consultation. Remember, we do not get paid unless you do. We have offices in Tulsa, Oklahoma City, and Northwest Arkansas. We can also visit you at a location that is convenient for you.
Whether you are run down in a crosswalk while crossing the street, mauled by the neighbor’s dog, or rear-ended by a tractor-trailer, you might suffer debilitating injuries. Some injury victims are tempted to personally negotiate their legal claim for financial compensation with the at-fault party’s insurance company only to later realize they have made a grave mistake after receiving a lowball settlement or no recovery at all. An insurance adjuster will salivate at the prospect of taking on a self-represented party because this is akin to a little league baseball player trying to face a major league pitcher. Our experienced Oklahoma Personal Injury Attorneys at Carr & Carr, Attorneys at Law, have provided an overview of ways that a skilled and experienced lawyer can add value to your case.
Determining the Value of Your Claim
A fundamental aspect of negotiating a settlement or pursuing a verdict at trial for an injury claim involves properly estimating the value of a case. This complex process involves many factors which impact the value of a claim, such as:
severity of injury
nature of permanent disability
diminished earning capacity
strength of evidence of fault
comparative fault of the injury victim
availability of insurance
egregious nature of the conduct
amount of property damage
and a multitude of other factors.
Personal injury lawyers have experience evaluating cases based on weighing the factors that impact damages because of the large number of cases they have handled. Carr & Carr’s attorneys consider similarities and differences from our past cases, as well as facts from the current case. We also research verdicts and settlements involving similar accidents and injuries from comparable cases in Oklahoma and Arkansas.
For the inexperienced, the civil litigation process is a minefield that is extremely difficult to navigate. Whether the hurdle involves the special notice requirements required to sue a public entity or complying with the statute of limitations to avoid being barred from filing a lawsuit, the failure to navigate these procedures can have a devastating impact. A personal injury lawyer understands the legal standards that apply to a particular negligence claim, such as the standard of ordinary care for a motorist in a car accident or the higher standard applicable to a physician in a medical malpractice case. A layperson has virtually no hope of successfully working within the many technical rules that are second nature for a lawyer with extensive law school training and practice experience.
The cost to pursue a personal injury claim easily can be tens of thousands of dollars or more. Effective litigation of a tractor-trailer, medical malpractice, defective product, or other complex case involves a broad range of expenses that can include:
expert witness fees
video production costs
exhibit preparation cost
court reporter fees
and many other expenses.
Even if an injury victim can afford the cost of litigation, personal injury law firms like Carr & Carr frequently advance most or all lawsuit-related expenses.
Shifting Risk of Loss
When a personal injury lawyer decides to represent you, the law firm generally assumes the financial risk of a defense verdict at trial. Because law firms usually handle personal injury claims on a contingency fee basis, the attorneys do not collect attorney fees unless and until they obtain a settlement or judgment. This means the law firm risks not being compensated for the time and effort invested in pursuing the case. Further, your personal injury lawyer often absorbs the expenses advanced, so the entire financial risk of pursuing a legal claim in this type of lawsuit falls on the law firm.
Access to Network of Experts
Law firms that routinely represent victims of a motorcycle crash, slip and fall, rollover accident, or other type of incident causing injury will routinely work with individuals with specialized knowledge. A compelling claim frequently requires several experts in diverse areas like accident reconstruction, engineering, medical disciplines, vocational training, mental health, and more. A layperson faces an enormous challenge in locating, evaluating, and affording experts when unrepresented.
If you have suffered injury because of the negligent, reckless, or intentional conduct of an individual, corporation, or public entity, our personal injury lawyers at Carr & Carr are fierce advocates for injury victims. Our law firm is committed to holding individuals and entities accountable for unsafe acts and intentional misconduct that harms others. Our law firm has offices located in Tulsa, Oklahoma City, and Northwest Arkansas in Springdale, so call us today at 877-392-4878 to schedule your free consultation.
If you have been injured by the KEurig Brewing System then we can help you.
Keurig has recalled a their Mini Plus Brewing system after widespread reports of consumers being burned and scolded. Essentially, the defect in some of these products is that the water in the brewer can overheat and then spray out onto consumers. Due to the high temperature of the water, the user can suffer terrible burns. Generally these burns have occurred on people’s faces, hands and arms. According to Keurig, there have been over 90 reports of people being injured by this product.
According to Keurig, the defect can arise when a consumer tries to brew two or more cups in rapid succession.
Not all Keurig Mini Brewing System products have been recalled. Below is a list of the specific serial number to look for. If your Keurig has the serial number below, then your product has been recalled. If you’ve been injured by the product, it’s very important that you do not return your product to the store or discard it. Instead, stop using it and keep it in a safe place. Having the product is important to prove that it is defective.
The recalled Keurig produts were sold at K-Mart, Walmart, Kohl’s and other major retailers nationwide.
If you have been injured by the Keurig brewer, please contact one of our lawyers at Carr and Carr attorneys. We have helped countless consumers who have been injured by defective products, including defective kitchen appliances. We have offices in Oklahoma and Arkansas but we can help you no matter where you live.
Keurig MINI Plus Brewing System Serial Number Ranges
This year has been a big one for recalls in the automobile industry. Volkswagen recalled 482,000 of their diesel vehicles for cheating on U.S. emissions standards and millions more vehicles around the world were recalled for defects in their Takata airbags.
According to the Detroit car manufacturer, the airbag defect will only occur in “rare circumstances when a crash is preceded by a specific event impacting vehicle dynamics.”
The U.S. National Highway Traffic Safety Administration also weighed in on the recall, saying that “certain driving conditions may cause the air bag sensing and diagnostic module software to activate a diagnostic test.” The act of this test running is what can prevent the airbags from deploying in a crash.
Unfortunately, GM’s airbag issues have already been linked to at least one death and three injuries. The first report of a problem came in May 2016, when GM received word that a 2014 Chevy Silverado had experienced airbag failure in an accident. Not only did the driver’s front airbag not deploy during the crash, but the pretensioners designed to remove slack in the seat belt webbing during a collision did not engage either.
After receiving this initial report, GM notified Delphi, the company that manufacturers the diagnostic module in question. In June, the two companies opened an official investigation into the airbag problem. They took vehicles to the Milford Proving Grounds and conducted road testing to evaluate the severity of the issue. In August the two companies decided to recall millions of vehicles and the NHTSA announced the recall on September 9th, 2016.
GM’s Dark Recall History
This is, by no means, GM’s first experience with recalls. They issued their first major recall in 1969, when 3 million vehicles were recalled because of the potential for a loss of throttle control to occur. In 1971 they took back over 6 million cars, from Camaros to Impalas, because broken motor mounts could cause sudden acceleration. Just 2 years later, another recall for 4 million vehicles was issued after GM discovered that rocks could become lodged between the steering coupling and the frame, making it impossible to turn the vehicle left.
While this most recent recall is in no way related to the Takata airbag recalls, the Detroit car manufacturer did recall vehicles as part of the Takata airbag recall earlier this year. At the time, GM issued a recall for 2003-2005 Pontiac Vibes and the 2005 Saab 9-2X. In July, GM revealed that NHTSA may force them to recall an additional 4.3 million of their vehicles with faulty Takata airbag inflators installed.
Affected Vehicles and Repairs
The GM airbag recall affects only newer vehicles from the 2014-2017 model years. General Motors says that they will notify customers of the problem and update vehicle software for free. They believe that vehicles will be able to be repaired quickly, given that their dealers already have access to the necessary software update. Despite the number of vehicles affected, GM says that this recall will not have an impact on their financial standing.
The following is a list of affected vehicles. If you or a loved one own any of the below vehicles, discontinue use until you can contact your nearest General Motors dealer to schedule a repair.
2014-2016 Buick LaCrosse
2014-2016 Chevrolet SS
2014-2016 Chevrolet Spark EV
2014-2017 Buick Encore
2014-2017 GMC Sierra 1500
2014-2017 Chevrolet Corvette
2014-2017 Chevrolet Trax
2014-2017 Chevrolet Caprice police car
2014-2017 Chevrolet Silverado 1500
2015-2017 Chevrolet Tahoe
2015-2017 Chevrolet Suburban
2015-2017 Chevrolet Silverado HD
2015-2017 GMC Yukon
2015-2017 GMC Yukon XL
2015-2017 GMC Sierra HD
2015-2017 Cadillac Escalade
2015-2017 Cadillac Escalade ESV
If you have been injured due an airbag not working, you may be entitled to a claim. Please contact the lawyers at Carr and Carr Attorneys. We have offices in Tulsa, Oklahoma City, Northwest Arkansas and can help you no matter what state you live in.
The truth is that most cases involving car wrecks do not go all the way through a trial. Many settle without ever even having to have a lawsuit filed. However, at Carr & Carr, we do take cases to court and trial if that’s what is needed to achieve justice for our clients. Law firms that never file lawsuits or go to trial build up a poor reputation among insurance carriers and that leads to settlement offers being low. Since insurance carriers know that Carr and Carr does go to trial if that’s what it takes, we have a reputation that leads to better settlement offers.
What to do after a car accident can be complicated in terms of how to proceed. At Carr and Carr, our lawyers can work towards resolving your car crash case in a way that minimizes stress for you and puts money in your pocket so that you aren’t burdened with medical bills and lost wages.
Feel free to Contact Us. We have law offices in Tulsa, Oklahoma City and Northwest Arkansas.