Oklahoma Injury Lawyer Blog

Here's an interesting one:

I have an old car that I rarely drive. I have insurance and uninsured motorists coverage for my daily driver. If I'm driving my old car and someone without insurance hits me, will my UM coverage help?

Nope. The actual language in the statute is "there is no coverage for any insured while occupying a motor vehicle owned by, or furnished or available for the regular use of the named insured, a resident spouse of the named insured...if such motor vehicle is not insured by a motor vehicle policy."

Here's the actual statute: 36 O.S. 3636(E).

Today's front page of the Oklahoman has a nice article on the upcoming attorney general election: Oklahoma Elections 2010: Experience, federal government at issue in attorney general race.

The Attorney General of Oklahoma serves as the chief legal and law enforcement officer of our state. The two candidates are Scott Pruitt and Jim Priest.

So, should our attorney general actually have courtroom experience?

Here's a brief quote from the article:

"You don't start the case by saying we're going to litigate this to a verdict. You start a case and litigate it to an objective," said Pruitt, who as an attorney often settled cases out of court.

Court records show Priest has handled more than 500 cases as an attorney in state district courts and federal courts, compared to the 50 cases Pruitt has handled in those courts.

To be fair to Pruitt, most cases settle.

The "standard" attorney's fee in a personal injury case is one third (33 1/3%) of the total recovery. Note that this is a contingency fee. If nothing is recovered for the client, the attorney's fee is nothing as well. In reality, attorney's actually lose money in this scenario. It costs money to pursue a lawsuit (depositions, medical records, witness fees, etc.). All the costs are only reimbursed to the law firm if we win the case (or obtain a successful settlement.)

Why do we have contingency fees?

I believe the main reason is access to the courts. Most people can't afford to pay an attorney by the hour. They help level the playing field vs. the rich and big businesses.

Here's a question I hear a lot in car accident injury cases:

Is the opposing driver's insurance company required to tell me how much coverage they have?

No, the insurance company isn't required to disclose this. It doesn't hurt to ask though. Some insurance adjusters will say what their limits are, but most will not provide this information.

The policy limits are discoverable after a lawsuit is filed.