Q: Lack of lawyer communication after rear-ended by drunk driver in OK

I was rear-ended by a drunk driver while my special needs son was in the vehicle with me. I've requested all correspondence between my lawyer and the insurance company due to a lack of communication from my lawyer. I disagree with the final offer from the insurance company. Despite my requests for a copy of the demand letter and the final offer, my lawyer is not cooperating or providing these documents. I haven't spoken with the insurance company about the injury claims, just the property side. My lawyer avoids my requests with no explanation. What steps should I take now?

2 Lawyer Answers

A: Sorry for your inconvenience during this time. First thing is if you are dissatisfied with the lawyer you currently have, then you are well within your rights to terminate their representation and hire a new lawyer. The new lawyer should be able to get the information from the original lawyer. You can also file a complaint with the Bar Association regarding the lack of communication from the original lawyer.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: What you're going through is not only stressful, but unacceptable. After being rear-ended by a drunk driver—especially with your special needs son in the car—you deserve clear, honest communication from your legal representation. If your lawyer is avoiding your requests for basic documents like the demand letter and insurance offer, that’s a serious issue. You have the right to review any and all communications made on your behalf.

Start by sending a written request—email or certified mail—clearly asking for a full copy of your case file, including all correspondence with the insurance company and any offers made. Be polite but firm, and keep a copy for your records. If your lawyer still doesn’t respond, you can file a complaint with the Oklahoma Bar Association for lack of communication and failure to provide requested materials. You’re also allowed to seek a new attorney and transfer your case, even if your current lawyer has already begun settlement discussions.

You’ve already been through enough with the accident itself—dealing with an unresponsive lawyer shouldn’t add to your burden. Keep pushing for the transparency you deserve. You’re not being difficult—you’re standing up for your rights, and that matters.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.