Legal Question in Criminal Law in Oklahoma

If you are in an accident thats your fault and are charged with posession or dui does the insurance still have to pay your claim? I havent been charged yet but they found potporri in my car with a pipe and they are testing the potporri to see if its the illegal type. My ticket is for driving in a manner not reasonable & proper but Im still waiting to see what other charges they might charge me with and I worried that the insurance wont pay my claim and I totalled my car. Please help!


Asked on 9/04/12, 10:21 am

1 Answer from Attorneys

James Watzke James Watzke Attorney at Law PLLC

If you're paid up on your insurance policy they will have to pay any valid claims made on the policy. The fact that you had potpourri in your car does not invalidate a claim against your insurance policy. Your main concern should be on the pending criminal charges. If the potpourri tests positive for a controlled substance a warrant will be issued for your arrest and you will need to consult with a criminal defense attorney quickly in order to ensure all your rights are protected. You should also consult with an attorney regarding your traffic citations as "driving in a manner not reasonable & proper" does not sound like a valid citation title. Look for an actual statute title on the ticket to determine if you were issued a citation for an actual law violation.

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Answered on 9/04/12, 2:34 pm


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