Legal Question in Personal Injury in Oklahoma

I received a certified letter from a man I rear ended back in April. I have filed a claim with my insurance company and they are working with his lawyers. He sent me a petition for damages which I must respond to within 20 days. I don't know what to do! Any advice would be greatly appreciated! Thank you!

Asked on 10/02/12, 9:19 am

1 Answer from Attorneys

Paul Kouri Travis Law Office
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Get a copy of the petition to your insurance company. One of the things you purchased with your auto insurance is a defense to such suits. Your insurance company will provide lawyers to defend the lawsuit that has been filed against you. They will work to settle the lawsuit, and will defend it if it goes to trial. The insurance company will pay any judgment against you up to your policy limits. If at some point you you become concerned that your limits are too low or that you have assets that are not exempt from collection, you should also look into hiring your own lawyers to make sure the insurance company lawyers protect your interests. They are supposed to do so, but it doesn't always work out that way. You will probably want to have those lawyers at some point request that your insurance company pay your liability limits to the plaintiff in the lawsuit in exchange for a "release" of all claims against you. If the insurance does not do so and you then get "hit" with a judgment that is more than your insurance limits, you may have a claim against your insurance company for "bad faith." Good luck! I hope this works out quickly and well for you.

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10/02/12, 10:10 am

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