Posted on Thursday, August 1st, 2024 at 9:00 am
Immediate Steps After an Accident
In the chaotic moments following a car accident, taking these crucial steps can protect your safety and strengthen your potential insurance claim:
- Ensure Safety: First, check for injuries and move to a safe location if possible.
- Call the Police: Report the accident to law enforcement.
- Document the Scene: Take video or pictures of vehicle damage, injuries, and the scene of the accident.
- Exchange Information: Obtain contact details and insurance information from the other driver and contact information from all parties involved and from any witnesses.
- Seek Medical Attention: Even if you feel fine, get an evaluation from a medical professional to rule out hidden injuries.
- Call an Oklahoma Car Accident Lawyer: If you were injured in the crash, call an experienced lawyer who can handle your insurance claim for you while you heal from your injuries.
Notify Your Insurance Company
After ensuring your immediate safety and health, contact your insurance company to report the accident. Be cautious about what you say. Keep to the facts and avoid admitting fault or speculating about what caused the accident. If someone else caused the crash, your insurance company should not have to pay for your losses, but they should know about your accident.
Filing a Claim
Oklahoma follows a “fault” system for car accidents. This means the person who caused the accident is responsible for any resulting harm. You can pursue compensation for injuries you sustained in a car crash by filing a claim with the at-fault party’s insurance company or by filing a lawsuit against the at-fault driver. Because claims and lawsuits can take a fair amount of time, you may wish to use your own collision coverage to repair your vehicle in the meantime.
Using the information you obtained from the at-fault driver at the accident scene, you can contact their insurance company and advise them that you need to file a claim against their insured’s policy. Provide them with the name of their insured, their policy number, and the date of the accident. At this point, don’t give them any additional details. You should have a lawyer manage any communication with the insurer to prevent you from inadvertently saying something that could reduce the value of your claim.
The Insurer’s Process
Once you’ve filed a claim, the insurance company will assign an adjuster to investigate your accident. They will:
- Review police reports and witness statements
- Examine vehicle damage
- Assess your medical records
- Potentially interview involved parties
- Make a settlement offer or deny your claim
Keep in mind that insurance adjusters work for the insurance company, not for you. Their goal is often to minimize the payout on your claim. If they deny your claim, your lawyer can obtain and provide additional evidence to refute their denial.
If the insurer makes an offer, you are not obligated to accept it. You can negotiate with them for a settlement that more fairly covers all your accident-related losses. Lawyers are skilled negotiators; hiring one to represent you will increase your chances of obtaining the compensation you deserve.
Benefits of Legal Help in Insurance Claims
Insurance claims can be complex, especially if you’re dealing with serious injuries or disputed liability. You need a lawyer with experience handling car accident insurance claims. An experienced attorney can:
- Handle all communications with insurance companies
- Gather and present compelling evidence to support your claim
- Ensure all necessary claim documentation is properly and timely filed
- Accurately calculate the full extent of your injuries and losses
- Negotiate for a fair settlement on your behalf
- Advise you about whether any settlement offers the insurer makes are fair
- File a lawsuit in civil court if the insurer won’t make a fair offer
- Represent you in court if an appropriate settlement cannot be reached
How Lawyers Maximize Injury Compensation
Car accident lawyers understand insurance companies’ tactics to minimize or deny payouts. Your lawyer will work tirelessly to counter their efforts and maximize your compensation by:
- Thoroughly investigating the accident
- Consulting with medical experts to fully understand your injuries and future medical bills
- Calculating all current and future expenses related to the accident
- Identifying all potential sources of compensation
- Crafting compelling arguments to support your claim
- Leveraging our negotiation skills and litigation experience
Common Challenges in Car Accident Insurance Claims
Several issues can complicate the insurance claim process:
- Disputed Liability: When the identity of the at-fault party is unclear, insurance companies may try to shift the blame onto you to minimize their payout.
- Pre-existing Conditions: Insurers might argue that you had pre-existing injuries that are responsible for your condition rather than that your injuries were caused by the accident.
- Policy Limits: If your losses exceed the at-fault driver’s policy limits, you may need to explore other avenues for compensation.
- Underinsured or Uninsured Drivers: If the at-fault driver lacks adequate insurance, you may need to use your own uninsured/underinsured motorist coverage if you purchased it.
- Bad Faith Insurance Practices: Sometimes, insurance companies may unreasonably delay, deny, or underpay valid claims.
In these situations, having a skilled lawyer handling your case can make a significant difference in the outcome.
Time Limits for Filing a Claim
Oklahoma’s statute of limitations allows an injured person two years after the date of the crash to file a personal injury lawsuit against the at-fault party. However, starting the insurance claim process as soon as possible is imperative. Delays in filing your claim with the insurer can weaken your case, and delayed filing of the lawsuit can make it harder to gather evidence.
Contact an Oklahoma Car Accident Lawyer Today
Dealing with Oklahoma’s car accident insurance claim process can be challenging, but you don’t have to handle it alone. The experienced attorneys at Abel Law Firm can guide you through every step of the process, ensuring your rights are protected and fighting for the compensation you deserve.
If you’ve been injured in a car accident in Oklahoma, don’t hesitate to seek legal help. Contact our law firm today at (405) 239-7046 or by completing our online contact form for a free consultation. Our dedicated team is ready to use our experience to handle the insurance claim process for you and help you maximize your compensation.
Remember, the insurance company has lawyers working hard to minimize their payout. Shouldn’t you have a skilled legal team fighting just as hard for you?
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