Oklahoma Car Accident Settlement Process and Timeline

Car accidents can often feel like they come out of nowhere. One moment, you’re driving down the road in Oklahoma City or Tulsa. Then, somehow, you’re dealing with injuries, vehicle damage, and confusion about what to do next. This can be overwhelming, especially if you’re missing work and racking up medical bills. Understanding your rights and how the car accident settlement process works will likely give you some peace of mind and compensation for your losses.

If you’ve been in an Oklahoma vehicle collision, consider speaking with a car accident attorney as soon as possible after the incident. While you may not need a lawyer throughout the settlement process, an experienced advisor can review your case and help you understand your options. Depending on the specifics, they can also be invaluable when negotiating with insurance companies.

In this article, we’ll give you an idea of what you can expect from the insurance settlement process after an Oklahoma wreck. We’ll also provide you with some tips for protecting yourself throughout the process and to help ensure fair compensation for your losses.

Let’s start with the steps you want to take immediately after a crash.

Report the Accident

After an auto accident, call 911 so first responders can tend to anyone needing medical attention. When law enforcement arrives, they’ll create a police report after securing the scene.

Oklahoma statutes require an accident report if any of the following apply:

• There’s an injury
• Someone dies
• Property damage exceeds $300

In the fortunate event that none of these apply, you still want to obtain a police report. It can serve as a key piece of evidence for claims.

Before you leave, be sure to exchange insurance information with the other driver and get contact information for any witnesses. If possible, take pictures of the accident scene and any visible injuries and property damage.

Get Medical Treatment

Even if you feel okay, it’s important to get checked out. Some car accident injuries don’t show up right away. A prompt visit with a healthcare provider creates a medical record linking potential injuries to the accident. This can be critical to recovering medical and other expenses if symptoms present later.

Before Filing Your Insurance Claim

You’ll need to file a car accident insurance claim after the incident. Exact deadlines can vary by insurance policy. Before starting the process, consider touching base with a car accident attorney first.

The insurance companies’ primary goal is to pay you as little as possible for your claims and close your case quickly. They’ll use tactics in the claims process intended to keep payouts low. When filing car accident claims, people can get trapped by several common mistakes. These can include:

• Admitting fault
• Downplaying damages or injuries
• Speaking freely
• Consenting to recorded statements

These errors can hurt your claims and impact your ability to recover damages. Consulting an attorney well-versed in insurance company strategies can be invaluable prior to reporting an incident. They have a duty to protect your interests and can help you understand what to say and not say when dealing with insurers. They can also file your claim for you if that’s preferable.

Oklahoma’s Fault-Based System

Oklahoma is a fault state. This means that the driver who caused the accident is responsible for paying damages, usually through their insurance company.

Oklahoma also follows a modified comparative negligence rule that:

• Reduces your compensation by your percentage of fault
• Allows you to recover damages as long as you are 50% or less at fault

If you’re 30% at fault for the accident and have $100,000 in damages, you’ll be able to recover $70,000. Someone who’s 51% or more at fault, however, isn’t entitled to any compensation under Oklahoma law.

Filing Your Claim

The claims process begins when you report the accident to the insurance company. Depending on who’s at fault for the accident, you’ll either file the claim with your insurance company, the other motorist’s, or both.

If you were injured, you’ll file a personal injury claim. For vehicle and other property damage, you’ll have property damage claims. Often, injury victims have both.

When you file your claim, you’ll need to provide the insurance company with basic information and available documentation/evidence to support your claims. This may include the police report, any witness information, and photos/videos. You’ll likely continue to submit evidence of your losses/expenses on an ongoing basis until your claims are resolved.

What Can I Recover?

After an Oklahoma car accident, you may be able to recover various types of damages from insurance. These might include economic losses like:

• Medical expenses (past and future)
• Lost wages/reduced earning capacity
• Property damage (repair/replacement)
• Rental car/transportation costs

Additional out-of-pocket expenses, like towing or travel for treatment, may also be included. Keep detailed records and save all receipts.

You may also be eligible for non-economic damages. These could include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Mental anguish

Specifics will depend on fault, coverage, and the nature of your losses. In the tragic event of a fatality, the at-fault driver’s liability insurance policy may also pay various types of wrongful death damages.

After Filing Your Claim

Throughout the claims process, an assigned insurance adjuster will investigate the case and review your documentation. Their job is to crunch the numbers and determine what your claim is worth.

You should continue to gather evidence that supports your claims during this time. A lawyer can be instrumental at this stage as well. Experienced car accident attorneys tend to be adept at collecting compelling evidence like surveillance footage, witness statements, and accident reconstruction reports.

Settlement Process

The adjuster may contact you with a settlement offer to end the claims process early. Tempting as it may be to accept, these are almost always lowball offers, far below the compensation to which you’re entitled.

Insurers tend to extend these offers before you’ve completed treatment for your injuries and can’t know your actual damages yet. Lacking calculated future medical expenses and other possible costs, you should consider waiting before accepting any offer.

Demand Letter

Once your injuries are clear and your expenses are known, your lawyer will prepare a demand letter for the insurance company. This communication outlines your damages and the legal basis for your claims. It includes strong evidence and demands a specific settlement amount.

This step signals to the insurance company that you’re serious and will take legal action if you cannot reach an agreement. While that may sound aggressive, it’s a normal part of the negotiation process.

Settlement Negotiations

The insurance company will almost always pass on your requested settlement amount and respond with a counteroffer. Multiple rounds of negotiations are common.

Having an attorney can be a real game-changer in the negotiation process. Those who specialize in car accident/personal injury cases are often skilled negotiators proficient in insurance companies’ moves and maneuvers. Having a legal expert negotiate on your behalf can get you the fair settlement you deserve.

Settlement Agreements

If both sides agree to a certain amount of compensation at any stage, you’ll sign a settlement agreement before receiving payment.

Whether it’s an early, lowball settlement offer or a negotiated settlement, it’s critical to understand this consequential document. It usually includes a release of liability, which means you forfeit any future claims you may have related to the accident. Have an attorney review it to make sure it’s the best offer you’re going to get, because once you sign, the process is over.

How Long Does the Settlement Process Take?

The settlement timeline varies. It often depends on multiple factors. These might include:

• Serious injuries
• Disputed or clear fault
• Evidence collection
• Duration of medical treatment
• Both parties’ willingness to negotiate

Despite these variables, many Oklahoma car accident claims may settle in six to nine months. Others can last for years, but that’s uncommon.

Oklahoma Car Accident Lawsuits

If you can’t come to an agreement or if negotiations are taking a significant amount of time, you may decide to file a personal injury lawsuit or a car accident lawsuit. Negotiations will often continue even after papers are filed.

There are certain elements to filing a civil lawsuit for a car accident claim that you should be aware of. Let’s take a look.

Statute of Limitations

Oklahoma’s statute of limitations gives you two years from the accident date to start the legal process in court. If you miss this deadline, you can lose your right to recover. If negotiations are dragging on and the statute of limitations is approaching, it might be time to file a lawsuit.

Discovery

After both sides have filed their initial pleadings with the court, the discovery process begins. During this stage, both sides may:

• Exchange evidence
• Take depositions
• Request specific documents
• Submit interrogatories

Most Oklahoma car accident cases settle around this time or shortly thereafter. If they don’t, they can go to trial.

Getting Legal Advice

The Oklahoma car accident settlement process can be long and confusing. If your accident involves anything beyond an undisputed fender bender with no injuries, speak with an Oklahoma-licensed attorney. They can help you understand your options and figure out your next steps.

Many car accident lawyers and those who specialize in personal injury law offer a free case review. You can share the details of your incident with them in confidence and get an idea of the personal injury settlement to which you may be entitled.

Doing so sooner rather than later is a good idea. An experienced personal injury attorney or car accident lawyer can help you avoid early mistakes that can hurt your claims later.

It’s not always easy to identify the right advisor for you. For this reason, FindLaw has compiled a credible directory of Oklahoma car accident and personal injury lawyers. You can select your city to check out ratings and information about their education and experience. You can also see which ones offer free case evaluations. Take steps to protect yourself and proceed with the benefit of legal guidance.