Filing a car accident claim begins with notifying the at-fault party’s insurance carrier and methodically documenting your injuries and financial losses. This process is governed by strict legal deadlines, including Oklahoma’s two-year statute of limitations for filing a personal injury lawsuit. Missing this window likely means forfeiting your right to compensation entirely.
The landscape for these claims is changing. With the average age of U.S. vehicles hitting a record 12.6 years, cars are more likely to be declared a total loss after a collision. At the same time, increasingly complex vehicle technology is driving up the severity and cost of the average claim.
This means insurers scrutinize claims more carefully, looking for reasons to reduce or deny them. They are protecting their bottom line, and their process is not necessarily designed to make your life easier.
You should not have to figure this out while you are trying to heal. Your energy is better spent on your recovery; let an experienced Oklahoma car accident lawyer handle the paperwork, the phone calls, and the intricate process of building a compelling claim.
For a free and confidential review of your case, call Carr & Carr Injury Attorneys at (405) 691-1600.
Your First Steps at Home
Your Immediate Priority: Get a Medical Evaluation
Even if you feel you only have minor aches, see a doctor right away. Some serious injuries, like whiplash, traumatic brain injuries, or internal bleeding, may not present symptoms for hours or even days. The adrenaline from the accident masks significant pain you might not realize is there until it wears off.
This medical visit does two things.
- First and foremost, it prioritizes your health and gets you on the path to recovery.
- Second, it creates the first official record linking your injuries to the exact date of the accident. Without this timely medical documentation, an insurance company might argue that your injuries are unrelated to the crash or happened at a later time.
Organize Your Initial Information
In the days following the accident, begin to gather everything you have into a single, dedicated folder or digital file. This initial collection of documents is the starting point from which a strong claim is built. It does not need to be perfect, but it should be organized.
Your file should include:
- The other driver’s name and insurance information. This is the most fundamental piece of information you need to initiate the claims process.
- The police report number. You can typically obtain a copy of the full report a few days after the accident. Think of the police report as a first draft of the story; it’s a useful starting point but it sometimes contains errors or omissions that need clarification later.
- Any photos or videos you took. Visual evidence is powerful. Include any pictures of the accident scene, the damage to all vehicles involved, and any visible injuries you sustained, like cuts, bruises, or swelling.
The First Phone Calls: How to Speak with Insurance Companies
Soon after the accident, your phone will likely start ringing. The calls you make, and the ones you receive, are pivotal moments in your claim. Knowing what to say—and what not to say—can protect you from common pitfalls that insurance adjusters may use to weaken your position.
Talking to the At-Fault Driver’s Insurer
You will likely get a call from the other driver’s insurance adjuster very quickly, sometimes within a day or two. It is important to remember their role. The adjuster is an employee of the insurance company, and their job, put simply, is to save their company money by minimizing your claim’s value.
What to Do:
- Provide basic facts only: You can confirm your name, address, phone number, and the date and location of the crash. Stick to what is verifiable and public.
- State you are getting medical treatment: If asked about injuries, you can simply say, “I am currently under a doctor’s care.” This is truthful and complete without offering details that can be misconstrued.
What to Avoid:
- Do not give a recorded statement. You are not legally obligated to provide a recorded statement to the other party’s insurer. Adjusters are trained to ask questions that might elicit responses they can use to find inconsistencies in your story later. It is best to decline politely.
- Do not discuss injury details. Avoid downplaying your injuries by saying “I’m fine” or “I’m just a little sore.” Likewise, avoid diagnosing yourself. Instead of saying “I think I have whiplash,” just state that you are injured and seeking medical care.
- Do not accept a quick settlement offer. An early offer is a financial mirage. It seems like welcome relief when bills are piling up, but it almost never covers the full, long-term cost of an accident. You may not know the full extent of your injuries or the need for future treatment. Accepting it closes your claim for good.
Notifying Your Own Insurance Company
You have a contractual duty to inform your own insurer about the accident in a timely manner, even if you were not at fault. This is a requirement of your policy, and failing to do so could jeopardize your coverage.
This notification is also necessary to access certain coverages you pay for as part of your premium. These provide immediate help long before a settlement is reached:
- Medical Payments (MedPay) Coverage: This coverage helps pay your initial medical bills up to your policy limit, regardless of who was at fault for the accident. It acts as a form of emergency financial first aid for your healthcare costs.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: This becomes your safety net if the at-fault driver has no insurance or not enough insurance to cover the full extent of your damages. In Oklahoma, where many drivers are unfortunately uninsured, this coverage just might be your only option in many of these cases.
Gathering the Evidence That Defines Your Claim
At Carr & Carr, we work to fill the evidence boxes that justify the true value of your claim, leaving no detail overlooked.
Medical Records: The Bedrock of Your Injury Claim
A complete medical file is the bedrock of any personal injury claim. It should be a comprehensive story of your physical recovery, including every diagnosis, treatment plan, physical therapy session, prescription medication, and any doctor’s recommendations for future care.
These records create an undeniable, chronological link between the accident and the pain, suffering, and financial costs you are experiencing.
Lost Income: More Than Just Pay Stubs
We will help you meticulously document every dollar of lost income. This includes not only your base salary or hourly pay but also any missed overtime opportunities, lost commissions or bonuses, or the vacation and sick days you were forced to use up during your recovery.
For individuals who are self-employed, work on commission, or have fluctuating incomes, this process is more complicated. It may involve a thorough review of past tax returns, profit and loss statements, and business records to build a complete and accurate picture of how the accident has affected your ability to earn a living.
Property Damage: Repair, Replacement, and Diminished Value
With the rising frequency of total loss declarations, understanding what you are owed for your vehicle is more important than ever. You are entitled to be made whole, and we ensure that happens.
We will pursue compensation for either the full and proper repair of your vehicle or its fair market replacement value if it is deemed a total loss. This value should be based on what a similar vehicle would cost in your local market right before the crash occurred.
Furthermore, we can pursue a “diminished value” claim. Even after a car is expertly repaired, it carries an accident history that reduces its resale value. A diminished value claim is designed to compensate you for this specific financial loss.
How Is the Value of a Car Accident Claim Calculated?
A settlement is a carefully calculated amount designed to compensate you for specific, identifiable losses you have suffered because of someone else’s negligence. These losses, legally referred to as “damages,” fall into two main categories.
Economic Damages: The Tangible Costs
These are the black-and-white numbers that we document with invoices, receipts, and bills. Examples of economic damages include:
- All past and future medical expenses: This covers everything from the initial ambulance ride and hospital stay to future surgeries, physical therapy, and prescription costs.
- Lost wages and future earning capacity: Compensation for the income you have already lost and for the impact the injury may have on your ability to earn money in the future.
- Vehicle repair or replacement costs: The cost to fix your car or, if it’s a total loss, its fair market value.
- Other out-of-pocket expenses: This might include costs for things like rental cars, transportation to doctor’s appointments, or necessary modifications to your home.
Non-Economic Damages: The Human Cost
This is compensation for how the accident has rewritten aspects of your daily life. These damages are harder to calculate because they do not come with an invoice, but they are just as real and often more significant than the economic losses.
Examples of non-economic damages include:
- Physical pain and suffering: This accounts for the physical discomfort, from the acute pain after the crash to the chronic pain that flares up on a cold morning.
- Emotional distress: Compensation for the anxiety, fear, depression, and sleep disturbances that frequently follow a traumatic event.
- Loss of enjoyment of life: This addresses the inability to participate in hobbies, play with your children, engage in social activities, or simply live your life without pain and limitations.
How Oklahoma Law Affects Your Recovery
Oklahoma uses a legal doctrine called modified comparative fault to determine how compensation is awarded when more than one party might be partially to blame for an accident.
In simple terms, this means your final compensation award can be reduced by whatever percentage of fault is assigned to you. For instance, if you are awarded $100,000 in damages but are found to be 25% at fault for the accident, your award will be reduced by 25%, leaving you with $75,000.
If you are determined to be 51% or more at fault for the accident, Oklahoma law bars you from recovering any compensation at all. This makes it incredibly important to have an advocate who knows how to effectively challenge unfair allocations of fault by the insurance company.
From Negotiation to Lawsuit: The Path to a Resolution
1. The Demand and Negotiation Phase
Once your medical treatment is complete, or at least at a point where your doctor can provide a clear prognosis for future care, we will assemble a “demand package.” This is a comprehensive document that is sent to the insurance company. It contains all the evidence we have gathered—medical records, proof of lost income, repair estimates—along with a detailed legal argument for the specific amount of compensation you are owed.
This package officially opens negotiations. The insurance company will review our demand and respond. The process then becomes a structured back-and-forth, where we advocate on your behalf, countering their arguments with facts and evidence until a fair agreement is reached.
2. What If the Insurance Company Denies the Claim?
This is common and not something to get worried about. Insurers deny claims for various reasons.
Common reasons for denial include disputes over who was at fault, allegations that your injuries were caused by a pre-existing condition, or arguments that you were not hurt as badly as you claim. We are prepared to counter these arguments with the evidence we have compiled, expert opinions, and sound legal reasoning.
3. When a Lawsuit Becomes Necessary
Thankfully, the vast majority of car accident cases are settled out of court. However, if the insurance company refuses to negotiate in good faith or will not offer a settlement that fairly covers your losses, filing a lawsuit is the necessary next step to protect your rights.
This does not mean you are automatically going to a trial. Filing a formal lawsuit simply initiates the “litigation” phase of the process. This phase gives us access to powerful legal tools, such as depositions (sworn testimony from the other driver and witnesses), to gather more evidence. In many cases, just the act of filing the suit and demonstrating that we are prepared to go to trial is the catalyst that convinces the insurer to return to the negotiating table with a serious offer.
Frequently Asked Questions About Car Accident Claims
How long do I really have to file a car accident claim in Oklahoma?
For personal injuries, you have two years from the date of the accident to file a lawsuit. For claims involving only property damage, the deadline is also two years. While this may seem like a long time, valuable evidence degrades shortly after, and witness memories fade quickly. It is always best to begin the process much sooner.
What if the driver who hit me has no insurance?
This is precisely where your Uninsured Motorist (UM) coverage applies. It is a part of your own auto insurance policy designed for this exact situation. We’ll help you file a claim with your own insurance company under your UM policy to cover your medical bills, lost wages, and pain and suffering, up to your policy limits.
Do I have to pay my medical bills while I wait for a settlement?
Technically, you remain responsible for your medical bills as you receive them. However, we can sometimes help manage this by sending a “letter of protection” to your medical providers. This is a formal agreement that lets them know you have a pending legal claim and assures them that their bills will be paid out of the future settlement or judgment. This prevents your accounts from going to collections while your case is ongoing.
Will my insurance rates go up if I file a claim for an accident that wasn’t my fault?
In Oklahoma, it is illegal for an insurance company to raise your rates or penalize you for filing a claim when you were not at fault. This protection applies to claims made under your UM/UIM coverage or your MedPay coverage.
What if a government vehicle was involved in my accident?
Claims against government entities in Oklahoma are subject to the Governmental Tort Claims Act. This law imposes much shorter and stricter notice deadlines. In most cases, a formal notice of your claim must be filed with the correct government agency within one year of the accident.
How much does it cost to hire a car accident attorney?
We handle personal injury cases on a contingency fee basis. This is a simple arrangement that means you pay no upfront costs or out-of-pocket attorney’s fees. Our fee is a percentage of the final settlement or award we obtain for you. We only get paid if we successfully recover compensation for you.
Your Path Forward Starts with a Conversation
You do not have to carry the burden of a complex claim process while also trying to recover from a serious injury. Let our Oklahoma personal injury lawyer and legal team help.
Let our family help yours. Call Carr & Carr Injury Attorneys today at (405) 691-1600 or contact us online to schedule a free, no-obligation consultation. We are here to listen to your story and explain how we can help.
