Car accident, the other guy was cited, my car was totaled. Guy won't let insurance settle so I'm out a car. Do I get a lawyer?

I am licensed only in Illinios and Georgia, but I expect Oklahoma law is similar because it is also based on the English common law.

My advice is simple: sue. Get an attorney willing to handle your case for a fixed fee if you can, or do it yourself as a "pro se" plaintiff. The longer you let the other party's insurance company dance you around, the longer it's going to be till you have a replacement vehicle or to get your car fixed.

The only other alternative would be to use your own insurance company to do the repairs if you have collision insurance. You may need to pay a deductible in this situation, but you would almost certainly get it back down the road when your insurance company recovers money.

Donald Nathan - www.donaldnathanlaw.com

Like Attorney Nathan, I'm not licensed in Oklahoma; but the law in most states on this issue is fairly similar. Here's my take, based upon what you've posted:

The driver's mother has no control over what the insurance company does regarding settlement. The insurer has plenty of means for getting information concerning the claim, and they owe you an affirmative duty to act promptly and reasonably to settle your case, If the insurer is telling you that they can't resolve this case because their insured 'won't let them' settle, that's bad faith, and, depending upon your state's laws, may expose the insurer to additional liability beyond the value of your claim.

I'd at least consult an attorney and run through the facts; often in these situations, a lawyer's phone call or letter will cut through the red tape and move a case forward. You also, if you have coverage on your own vehicle, can assert your claim through your own insurance, and let your insurer chase 'subrogation' (repayment of your claim from the other insurer) directly, getting you out of the middle.

When an insurance company stonewalls for any reason, it's best to have an attorney represent you. The mother probably has less influence on the insurance company than you think, but the company seems abysmally slow.