If you’re involved in a car accident, a million questions may be running through your mind. You’re wondering if everyone involved in the accident is okay, how extensive is the damage to your vehicle, and what you’re supposed to do next. The question of fault often pops up at some point, along with what the accident is probably going to ultimately do to your insurance rates.
Once these and a few other questions have been asked and answered, you’re probably wondering about the claims process. Navigating an Oklahoma car accident claim isn’t always easy, especially if more than one vehicle is involved.
Simplifying the Claims Process
Okay, a car accident claim can be tricky to navigate, and sometimes Oklahoma state law doesn’t make the process any easier. There are some specific guidelines you’ll need to follow. Omitting a step can impact your accident claim.
Don’t Ignore the Importance of Filing an Accident Report
Oklahoma state law dictates when you’re legally required to file an accident report. However, it’s rarely a good idea to decide to skip this step even when you’re not breaking any laws. Your accident report contains a ton of valuable information that can help support your accident claim. Most insurance companies aren’t even going to start processing an accident without a copy of the incident report.
So, when are you legally required to report a vehicle collision in Oklahoma? If property damage exceeds $300 or injuries or a fatality occurs, the vehicle accident must be reported to the authorities. This also means you’ll need to remain at the accident scene. Even if another involved driver tells you it’s okay to go, don’t leave. If you decide to drive off, you may end up facing a hit-and-run charge.
You already know your insurance company is going to request a copy of the accident report—don’t panic; it’s pretty easy to get a copy. You don’t even need to drive to the nearest police station; you can request a copy of the accident report online.
Document the Accident Scene
Gathering evidence at the accident scene can help support your claim, and don’t worry if your injuries are too severe.
Remember your accident report? The report will contain most of the information you’ll need. However, it usually takes around seven business days before your copy is ready for pickup. Documenting the accident scene can give you and your attorney a head start on your claim.
What evidence do you want to collect? Don’t go overboard and start playing amateur detective. Leave the investigation to the professionals. Instead, grab your phone and turn on the camera app. You’ll want to take pictures of any injuries you may suffer, along with damage to your vehicle.
If possible, try to snap some pictures of the accident scene. Focus on the position of the vehicles. This may help prove your negligence claim. Your photos may also be used to show you’re not the at-fault driver.
If any witnesses are present, make sure to get their contact information. However, also make sure that you don’t discuss any details about the accident. The other involved driver’s insurance company will also talk to any witnesses, and anything you say to the witnesses can be used against you and this can result in a lower settlement amount.
Visit Your Physician
Even if you don’t believe you suffered any injuries, it’s still a good idea to make an appointment with a physician. Also, it’s important to keep in mind that some injuries aren’t immediately obvious and may appear or worsen over time.
For example, soft tissue injuries can take a few days to start showing signs and symptoms. You’ll also need your medical records if you’re planning on filing an injury claim. In other words, you’ll need to prove you sustained injuries in the accident. This also means saving everything related to your injuries.
Don’t throw anything away, including receipts for prescriptions. Sometimes, it’s surprising what an insurance company will ask for. If you have the necessary documents on hand, your claims process will be easier to navigate.
Get Vehicle Repair or Replacement Estimates
Even if only your back bumper is dented, it’s a good idea to head to the body shop. Your suspension may also be off, and this can cause a host of vehicle issues if it’s not promptly repaired.
Besides, once you file an accident claim with the insurance company, you can’t go back and add other damages. This means if problems with your vehicle pop up after filing a claim, you’re stuck paying for the repairs out of your pocket.
You’ll want to get a few repair estimates from different body shops. Insurance companies like having options, especially when they’re paying out a claim. Don’t be surprised if they choose the lowest estimates, this is standard practice.
If your vehicle damage exceeds the car’s value, there’s a good chance the insurance company will consider it totaled, which means you’ll probably receive a settlement amount equal to the vehicle’s Kelley Blue Book value. Now, it’s up to you if you use the settlement to repair or replace your vehicle.
Determining Liability in a Car Accident
Everything in the claims process is moving along smoothly. You have a copy of the accident report, along with your medical records and repair estimates.
When it comes to determining fault, your claim can suddenly get a little more complicated. Even if you’re positive you’re not the at-fault driver; it doesn’t necessarily mean the other involved parties are going to admit fault. Your accident report can help determine fault, but this part of the claims process can take time.
Adding to the complexity is Oklahoma’s comparative negligence rule. Comparative negligence means both drivers can be found at fault and still receive compensation for their damages. However, you can’t be more than 50% responsible for the vehicle collision to file a claim. Your settlement amount will also be reduced by the same percentage as your blame.
Let an Attorney Help You Navigate the Claims Process
Dealing with the aftermath of a car accident can be overwhelming, especially when you’re trying to figure out who’s at fault amidst all the chaos and confusion.
Consulting with an experienced attorney can be the perfect partner you need in such situations. They know the ins and outs of the legal process and can be instrumental in making sure your rights are upheld and that you get the compensation you deserve for any harm or losses you’ve suffered.