AUTO ACCIDENTS
What do I do if I am in a car crash?
You are required to stop your car and call the police if someone is injured
or the damage to the vehicles is greater than $500. If only minor damage and no
injuries, you can exchange information with the other driver. Provide name,
address, registration number of the vehicle, drivers license number, insurance
company, and insurance policy number. If there is a dispute about fault,
exchange a statement as to how the crash occurred.
What if the collision is my fault?
That’s your opinion. Cooperate with the police, but do not give opinions.
There is a tendency to accept responsibility, especially when someone is hurt.
Anything you say will be used against you later. Stick with the facts. As an
example, tell the police that you were in the outside lane, looked, put on your
blinker, and then switched lanes. Do not say, "I must have made an improper
lane change."
What if the collision is someone else’s fault?
Never get mad. Make sure the police investigate the accident. You can give some
opinions–"He was going too fast."–but do not overdue it. You will
sound too much like a lawyer advocating your case.
Is it important who was given the ticket?
Yes but not overly important, except that no one ever wants a ticket. Do not
worry about signing the ticket, it is not an admission of guilt. The fact that
you are given a ticket is not admissible into evidence against you in a trial
involving the car accident but a conviction is admissible. Our firm can assist
you in defending the ticket. NEVER PLEAD GUILTY TO THE TICKET.
What if I am injured?
Go to your doctor immediately. It is crucial to get prompt medical treatment.
You get no bonus points for trying to tough it out. In fact, the longer you wait
the more likely your recovery will be reduced. Insurance companies will fault
you for waiting to get treatment. If you wait several days, they will claim that
you were injured some other way.
Who pays for medical treatment?
Oklahoma has no-fault law, which means that your own car insurance will pay each person’s medical treatment up to a certain limit. The minimum limit by law is $4,500, but you can buy more. Your policy will set the limits.
What if the person who hit me does not have insurance?
Should I photograph my car before repairs are done?
Absolutely. Take an entire roll of pictures from every position, angle, and
distance imaginable.
Should I give a statement to an insurance adjuster?
No, not until you speak to a lawyer. Even if you do not hire a lawyer, talk to
one before giving a statement. You could damage your case beyond repair by
giving a statement without the assistance of a lawyer. If the insurance company
wants a statement, BEWARE.
Should I sign insurance papers concerning the accident?
No, not until you speak to a lawyer. Feel free to call our office. Keep this in
mind: the adjuster does not work for you. These days insurance agents rarely
handle claims even though they have always handled your insurance policies.
Should I keep a diary if I am injured?
Yes. Get a small notebook and record the frustrations, pain, and emotions that
injuries cause. Make sure that you include even the little things, like not
being able to lift your arm to comb your own hair. You might be asked months
from now to describe what you went through. You will forget much without a
diary.
What if I want to bring and negotiate a claim?
The best advice is to seek the help of a lawyer. Eventually the insurance
company will want to know how much money you want to resolve the claim. The
tough part is documenting, evaluating, and negotiating your claim. The insurance
company will normally insist that you make the first offer. It will then
counter-offer, arguing that your claim has very little value for a number of
reasons.
How much does a lawyer cost?
Most lawyers, including our firm, handle these cases on a contingency basis.
This simply means that the lawyer only gets paid if and when you collect on your
claim.
Do I need a lawyer to negotiate my claim?
Insurance companies say, "NO". Can you guess why?
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