July 7, 2025 | Car Insurance

Were you involved in a motor vehicle wreck in Oklahoma? You need to get your vehicle repaired. Insurance companies should step up and make things right. However, unfortunately, that does not always happen. If your insurer is refusing to pay, you have a right to seek justice. Here, our Oklahoma City car accident attorney explains your options if your insurer is refusing to pay the full and fair value for your vehicle. 

Insurers Have a Legal Duty to Handle Vehicle Damage Claims in Good Faith

First and foremost, it is important to understand that auto insurance companies have a responsibility to handle vehicle damage claims, including total loss claims, using good faith settlement practices. Indeed, insurers have a legal obligation to investigate and resolve your claim fairly and promptly. Their claims fit into two broad categories: 

  • Repairable: If your vehicle is not a total loss, insurers have a duty to properly value the cost of the repairs. 
  • Not Repairable: When your vehicle is declared a total loss, insurers must offer a settlement that reflects the actual cash value (ACV) of your vehicle at the time of the crash.

How Insurance Companies Value a Car Crash (Property Damage)

How do insurance companies actually value property damage? The short answer is that they should consider relevant market data, recent comparable sales, and any vehicle improvements. Though in practice, insurers rely heavily on third-party software like CCC Intelligent Solutions and Mitchell to estimate a vehicle’s ACV. However, unfortunately, these tools often favor insurers. The reports generated by these systems may rely on selective or outdated vehicle listings, omit dealer markups, or ignore recent upgrades to your car. As a result, policyholders too often receive offers that are far below the true market replacement cost. 

Insurers may present these valuations as objective, but in reality, they are negotiable. You have the right to seek a more favorable settlement for your vehicle damage. 

What Does it Mean for a Vehicle to Be Totaled in Oklahoma?

Under Oklahoma law (Oklahoma Statutes § 36-1250.8), a vehicle is considered to be “totaled” if it cannot be repaired in an economically feasible manner.  If repairs are too costly relative to the vehicle’s value, your insurer will offer a payout instead of paying for repairs. The law holds that a vehicle is considered “totaled” when the cost to repair it exceeds 60% of its fair market value before the crash. Notably, that is one of the lowest total loss thresholds in the entire country. 

We Hold Insurance Companies Accountable after Car Crashes in Oklahoma


At McGuire Law Firm, our Oklahoma auto accident attorneys have the skills and experience to hold major car insurance companies accountable. If you have any questions about getting full and fair value for your vehicles, we are here as a resource. Contact us today for your free, no-obligation initial case review. Our firm handles claims throughout the region.