If I was partially responsible for an accident, can I still make a claim?

Oklahoma has adopted a fault-based, or tort liability, system of auto insurance. This means insurance companies pay according to each party’s degree of fault. For example, if you were 40% at fault, then you could recover 60% of your damages. However, if you are more than 50% at fault, you do not recover anything for your damages or injuries. If you and your insurer don’t see eye-to-eye on your claim, you may have to file suit for uncompensated economic damages such as lost wages and medical expenses and non-economic damages such as pain and suffering.

I have already been offered a settlement by my insurance company. Should I take the offer?

It is not a good idea to take any settlements offered by an insurance company until you have spoken with an experienced automobile accident attorney. Generally, insurance companies offer a minimal amount of money in return for your agreeing not to sue them. The insurance company is in business to make money. They don’t want to pay any more than they are forced to pay.

What if I didn’t think I was hurt at the scene of the accident and refused medical treatment, but now I am in pain? Is it too late to do anything about it?

The fact is, people are not only very disoriented after an accident, but certain types of soft tissue or disk injuries can take hours or even days to become painful. It is always best to consult your doctor as soon as possible about any pain you are experiencing after a car accident. Even if you did not disclose an injury at the scene of the accident, you may still be entitled to payment of your medical bills, compensation for pain and suffering, lost wages, loss of earnings capacity, and emotional distress due to personal injuries.

The other driver’s insurance company keeps calling me about the accident. What should I tell them?

As little as possible. The other driver’s insurance company will likely contact you VERY quickly about damage to your vehicle. They might also ask you a variety of questions about any injuries you may have suffered. Offer them only the basic facts about the accident and do not answer any questions about your injuries until you have spoken to an experienced automobile accident attorney.

How long does it take to resolve an injury case?

Some personal injury claims can be fairly resolved relatively quickly, in just a few weeks or months. In complex cases, however, or when an insurance company is behaving unreasonably, such a case can take several years. All cases are unique, and you should consult with an experienced automobile accident attorney as soon as possible to discuss your personal situation.

What if the insurance company is offering to pay my medical bills right now, but I am not through with treatment for my injuries?

The cost of medical treatment from physicians, hospitals, physical therapists, and other health care providers is already high and rising rapidly. It is quite common for insurance companies to offer money for your injuries right away. Don’t accept it until you know the full extent of your injuries. It is unusual for them to pay your medical bills as they are incurred. The insurance companies almost always require a full release of your claim before they will pay any amount for your injuries. The full extent of your injuries (and of course the cost for treating these injuries) may not be known for quite some time – months, perhaps. But if you agree to the insurance company’s initial offer, they will probably require a full release and you won’t be able to get additional compensation.