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How to Handle Insurance Companies After an Injury Accident

Home  >  Legal Blog  >  How to Handle Insurance Companies After an Injury Accident

May 9, 2018 | By Carr & Carr Injury Attorneys
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How to Handle Insurance Companies After an Injury Accident

Insurance company phone calls often begin within days of a car accident. Adjusters may sound friendly and helpful as they ask questions about what happened. Their primary responsibility is protecting the insurance company’s financial interests, which may conflict with your goal of recovering full compensation.

An Oklahoma car accident lawyer can help you navigate these conversations and avoid costly mistakes that reduce or eliminate your claim. Carr & Carr Injury Attorneys has represented Oklahoma families against insurance companies since 1973. Contact the firm for a free consultation to discuss your accident and learn how to protect your rights.

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Key Sections

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  • Key Takeaways About Dealing with Insurance Companies After an Oklahoma Car Accident
  • Oklahoma Insurance Laws That Affect Your Car Accident Claim
  • Common Insurance Company Tactics and How to Handle Them
  • Steps to Protect Your Claim When Dealing with Insurance Companies
  • Understanding What Compensation You May Recover
  • How Carr & Carr Protects Oklahoma Car Accident Victims from Insurance Company Tactics
  • FAQs for Oklahoma Car Accident Lawyers
  • Take Action Now by Contacting an Oklahoma Car Accident Lawyer

Key Takeaways About Dealing with Insurance Companies After an Oklahoma Car Accident

  • Insurance adjusters work for the insurance company—not you—and their goal is to minimize how much the company pays on your claim.
  • Oklahoma is an at-fault state, meaning the driver who caused the accident bears responsibility for paying damages through their liability insurance.
  • You have no legal obligation to provide a recorded statement to the other driver's insurance company, and doing so may hurt your car crash claim.
  • Oklahoma's two-year statute of limitations applies to car accident lawsuits, but waiting too long to take action may weaken your case.
  • Quick settlement offers rarely account for the full cost of your injuries, including future medical treatment and long-term effects on your earning capacity.

Oklahoma Insurance Laws That Affect Your Car Accident Claim

Car Key on an Insurance Policy

Oklahoma follows specific rules governing how insurance claims work after car accidents. Knowing these laws helps you understand your rights and recognize when an insurance company treats you unfairly.

Oklahoma Is an At-Fault State

Oklahoma uses an at-fault insurance system, meaning the driver who causes a car accident is financially responsible for the resulting damages. If another driver is at fault, you can file a claim against that driver’s liability insurance to pursue compensation for your injuries and property damage.

Minimum Insurance Requirements in Oklahoma

Oklahoma law requires all drivers to carry liability insurance with minimum coverage of 25/50/25. This translates to $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage. 

However, these minimums often fall short of covering serious injuries. If the at-fault driver carries only minimum coverage, you may need to pursue additional compensation through your own uninsured or underinsured motorist coverage or through a personal injury lawsuit.

The Two-Year Deadline for Filing a Lawsuit

Under Oklahoma Statutes Title 12, Section 95, you generally have two years from the date of your accident to file a personal injury lawsuit. While insurance negotiations may continue during this time, you must file suit before the deadline expires or lose your right to pursue compensation through the courts. An Oklahoma car accident lawyer may help you track important deadlines and take action before time runs out.

Common Insurance Company Tactics and How to Handle Them

insurance adjuster inspects damage to car

Insurance companies employ various strategies to minimize what they pay on claims. Recognizing these tactics helps you avoid common pitfalls that may reduce your compensation.

Why Insurance Companies Request Recorded Statements After Accidents

Insurance adjusters often ask for recorded statements about the accident. Although insurance adjusters often present recorded statements as routine, anything you say can later be used to dispute your claim or assign fault. There are several reasons to be cautious about recorded statements:

  • Adjusters may ask leading questions designed to elicit answers that hurt your claim.
  • Statements made before you fully understand your injuries may undermine your case later.
  • Inconsistencies between your recorded statement and other evidence may be used against you.
  • You generally have no legal obligation to provide a recorded statement to the other driver's insurance company.

Speaking with an Oklahoma car accident lawyer before giving any recorded statement helps protect your interests and prevents inadvertent admissions that may reduce your compensation.

Why You Should Be Cautious of Quick Insurance Settlement Offers

Insurance companies frequently offer quick settlements shortly after accidents. These early offers may seem generous when you face mounting medical bills, but they rarely account for the full scope of your losses. 

Accepting a settlement almost always requires signing a release that permanently bars you from seeking additional compensation, even if your injuries worsen.

Disputing the Severity of Your Injuries

Adjusters may question whether your injuries are as serious as you claim. They might suggest that your pain results from a pre-existing condition or that you waited too long to seek treatment. 

Thorough medical documentation from the time of your accident through your ongoing treatment helps counter these arguments and establish the connection between the crash and your injuries.

Assigning Partial Fault to Reduce Your Claim

Oklahoma follows a modified comparative negligence rule. You cannot recover compensation if you are found to be more than 50% at fault under Oklahoma’s modified comparative negligence rule.

Insurance companies often try to assign more fault to you than you actually bear, knowing that every percentage point reduces what they must pay. An attorney may gather evidence to counter unfair fault assignments and protect your right to full compensation.

Steps to Protect Your Claim When Dealing with Insurance Companies

The actions you take after an accident significantly affect your ability to recover fair compensation. Following these steps helps strengthen your position when negotiating with insurers.

How to Document Evidence for an Oklahoma Car Accident Insurance Claim

Thorough documentation creates the foundation for a strong insurance claim. Keep records of everything connected to your accident and injuries:

  • Medical records, bills, and receipts for all treatment related to your injuries
  • Photographs of vehicle damage, the accident scene, and visible injuries
  • A journal documenting your pain levels, symptoms, and how injuries affect daily activities
  • Pay stubs and employment records showing lost wages
  • Correspondence with insurance companies, including letters, emails, and notes from phone calls

This documentation provides evidence supporting your claim and helps demonstrate the full extent of your losses when negotiating with insurance companies.

Why Prompt Medical Treatment Matters After an Oklahoma Car Accident

See a doctor as soon as possible after your accident, even if your injuries seem minor. Some conditions, like soft tissue injuries or internal damage, may not show immediate symptoms.

Prompt medical attention creates documentation linking your injuries to the accident and shows that you took your health seriously. Gaps in treatment may give insurance companies ammunition to argue that your injuries are not as serious as you claim.

How Social Media and Statements Can Affect Your Car Accident Claim

Insurance companies may monitor your social media accounts looking for posts that contradict your injury claims. A photo of you at a family gathering might be used to argue that your injuries do not limit your activities as much as you claim. Avoid discussing your accident or injuries on social media, and be cautious about what you say to anyone other than your attorney.

Contact an Oklahoma Car Accident Lawyer Before Accepting Any Settlement

Consulting with an attorney before agreeing to any settlement helps you understand whether the offer fairly compensates you for your injuries. An Oklahoma car accident lawyer may evaluate your claim, identify all available sources of compensation, and negotiate with insurance companies on your behalf. Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing unless they recover compensation for you.

Understanding What Compensation You May Recover

broken gray car after the accident in the foreground, in the background a man

Oklahoma law allows car accident victims to seek payment for various losses caused by another driver's negligence. Understanding the types of compensation available helps you evaluate whether a settlement offer adequately addresses your needs.

Insurance claims may cover several categories of damages:

  • Medical expenses, including emergency care, hospitalization, surgery, medication, physical therapy, and future treatment
  • Lost wages from time away from work during recovery
  • Reduced earning capacity if injuries prevent you from returning to your previous job or working at all
  • Property damage, including vehicle repair or replacement
  • Physical pain and suffering caused by your injuries
  • Emotional distress, including anxiety, depression, and trauma related to the accident

The specific compensation available depends on the facts of your case and how your injuries have affected your life. An Oklahoma car accident lawyer may help calculate the full value of your claim and negotiate for a settlement that reflects your actual losses.

How Carr & Carr Protects Oklahoma Car Accident Victims from Insurance Company Tactics

Carr & Carr Injury Attorneys began as a father-and-son practice in Oklahoma City more than 50 years ago. Today, our firm includes a team of attorneys and staff members who understand the strategies insurance companies use to minimize payouts. With offices in Oklahoma City and Tulsa, Carr & Carr represents accident victims throughout Oklahoma who are dealing with unfair insurance practices.

Taking Over Communications with Insurance Adjusters

When you hire Carr & Carr as your Oklahoma personal injury lawyers, insurance companies generally direct substantive communications through our firm rather than contacting you directly. This helps protect you from adjusters who may pressure you into providing statements or making decisions that could harm your claim.

We handle all phone calls, written correspondence, and negotiations with the insurance company so you can focus on your recovery.

Calculating the True Value of Your Claim

Insurance companies often make quick settlement offers before the full scope of an injury is known. At Carr & Carr, we evaluate both your immediate losses and your anticipated future needs. 

Our firm considers medical expenses, ongoing treatment and rehabilitation, lost wages, reduced earning capacity, and the long-term effects your injuries may have on your quality of life. This comprehensive evaluation helps ensure you are not pushed into accepting less than your claim may be worth.

How Carr & Carr Addresses Insurance Company Bad Faith and Unfair Practices

When an insurer denies a valid claim, delays payment, or makes an unreasonably low settlement offer, it may be acting in bad faith. Oklahoma Statutes Title 36, Section 1250.5 identifies certain conduct as unfair claims settlement practices and may support a bad faith claim under Oklahoma law. Carr & Carr knows how to identify these tactics, and we work to hold insurance companies accountable when they fail to treat injured claimants fairly.

FAQs for Oklahoma Car Accident Lawyers

Do I have to give a recorded statement to the insurance company?

You have no legal obligation to provide a recorded statement to the other driver's insurance company. Your own insurance policy may require you to cooperate with their investigation, but this does not typically require a formal recorded statement. Speaking with an Oklahoma car accident lawyer before giving any statement helps protect your interests.

How long does the insurance company have to respond to my claim?

Under Oklahoma law, insurance companies must acknowledge claims promptly and conduct reasonable investigations. While specific timelines vary, insurers generally have 45 days after receiving proof of loss to investigate the claim and accept, deny, or explain the status of the claim. If they need more time, they must provide written notification explaining the delay. Unreasonable delays may constitute bad faith practices.

What if the at-fault driver has no insurance or not enough insurance?

If the at-fault driver lacks insurance or carries insufficient coverage, you may pursue compensation through your own uninsured or underinsured motorist coverage. Oklahoma does not require drivers to carry this coverage, but many policies include it unless specifically waived. An Oklahoma car accident lawyer may help identify all available sources of compensation.

When is an insurance company acting in bad faith?

Insurance companies act in bad faith when they fail to handle claims fairly and honestly. Examples include denying valid claims without explanation, unreasonably delaying payment, failing to investigate properly, or offering settlements far below the claim's actual value. Oklahoma law provides remedies for policyholders harmed by bad faith practices, including potential punitive damages.

How much does it cost to hire an Oklahoma car accident lawyer?

Most car accident attorneys work on a contingency fee basis. This arrangement means you pay no upfront fees, and the attorney receives a percentage of your recovery only if they successfully obtain compensation for you. Carr & Carr offers free consultations to discuss your situation and explain how the fee structure works.

Take Action Now by Contacting an Oklahoma Car Accident Lawyer

Michael E. Carr Defective Product Lawyer in Oklahoma
Michael E. Carr,
Oklahoma Car Accident Lawyer

Insurance companies have teams of adjusters, investigators, and attorneys working to protect their financial interests. You face these professionals alone unless you have legal representation fighting for your rights. Delays in documentation or legal guidance can make it more difficult to preserve evidence and may affect the value of your claim.

Carr & Carr Injury Attorneys stands ready to take over communications with insurers, calculate the true value of your claim, and fight for the compensation you need to move forward. Contact us today for your free consultation with an experienced Oklahoma car accident lawyer.

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