If you’ve been in a minor car accident in Oklahoma, you might question whether hiring a lawyer is necessary. While some minor accidents can be resolved without legal representation, consulting with a personal injury lawyer can be beneficial in certain situations. Give us a call to discuss your case. We’ll give you a fair evaluation of your claim and whether or not you need an attorney without any obligation to hire us.
Evaluating the Severity of Your Car Accident
Oklahoma insurance companies define a “minor car accident” as a car wreck with minimal property damage and no visible injuries. However, injuries like whiplash or concussions may not be immediately apparent, with symptoms appearing days or weeks after the accident.
To protect your health and legal rights, seek medical attention after any car accident, even if you feel fine. Monitor your physical and emotional well-being in the following days. A thorough inspection can also reveal hidden vehicle damages.
What should I do immediately after a minor car accident in Oklahoma?
After any car accident, prioritize your safety and the safety of others involved. Move your vehicle out of traffic and turn on your hazard lights if possible. Check for injuries and call 911 to have an officer investigate the accident and if anyone needs medical attention. Exchange contact and insurance information with the other driver, and take photos of the damage to both vehicles and the accident scene.
Do I need to call the police after a minor car accident?
Oklahoma dictates that people involved in a car wreck must call the police if the accident results in injury, death, or property damage of $300 or more. Even in minor accidents, a police report can be valuable when filing an insurance claim or seeking compensation. The report provides an official record of the incident, including the officer’s assessment of fault and any citations issued.
Should I go to the doctor?
Even if you feel fine after a minor car accident, seeking medical attention is a good idea. Some injuries, such as whiplash or concussions, may not present symptoms immediately. A medical professional can assess your condition and document any injuries, which is crucial for supporting your insurance claim or legal case. Follow your doctor’s recommendations for treatment and attend all follow-up appointments to ensure proper recovery and to demonstrate the severity of your injuries to the insurance company.
Benefits of Consulting with a Lawyer
Consulting with a personal injury lawyer after a minor car accident offers several advantages. An experienced attorney can help you:
- Navigate the legal process
- Ensure fair compensation for damages or injuries
- Protect your rights when dealing with insurance companies
- Communicate effectively with insurance adjusters
- Identify and pursue all available sources of compensation
- Let you know if an attorney is needed on your case
When Legal Representation May Be Necessary
Hiring a lawyer after a minor car accident may be necessary in the following situations:
- Disputed Liability: A lawyer can gather evidence and build a strong case if the other driver disputes fault.
- Worsening Injuries: If your injuries worsen over time, a lawyer can help seek additional compensation and help you find a doctor who will meet your medical needs.
- Denied Claims or Unfair Settlements: If the insurance company denies your claim or offers an unreasonable settlement, a lawyer can negotiate on your behalf and, if necessary, file a lawsuit.
What if the other driver doesn’t have insurance?
If the other driver is uninsured, you may still be able to receive compensation through your insurance policy if you have uninsured motorist coverage. This coverage protects you in situations where the at-fault driver lacks sufficient insurance. If you don’t have this coverage, you may need to file a lawsuit against the uninsured driver to seek compensation, although this can be challenging if the driver has limited assets.
Can I still receive compensation if I was partially at fault for the accident?
Oklahoma follows a modified comparative negligence rule, which means you can still receive compensation if you were partially at fault as long as your percentage of fault is less than 50%. However, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 30% at fault and your damages are $10,000, you would receive $7,000 in compensation.
How long do I have to file a claim for a minor car accident in Oklahoma?
In Oklahoma, you have two years from the accident date to file a personal injury claim and three years to file a property damage claim. However, initiating the claims process as soon as possible is best to ensure a smoother resolution and avoid missing deadlines.
What evidence do I need to gather at the scene of the accident?
Gather as much evidence as possible at the accident scene. Take photos of the damage to both vehicles, the surrounding area, and any visible injuries. Obtain contact and insurance information from the other driver and collect contact information from any witnesses. If a police report is filed, request a copy for your records.
How do I handle communication with the other driver’s insurance company?
Be cautious about what you say when communicating with the other driver’s insurance company. Stick to the facts and avoid admitting fault or discussing your injuries in detail. Consider consulting with a personal injury lawyer before providing a recorded statement to the insurance company, as they may use your words against you to minimize your claim.
Small Claims Court: An Alternative for Minor Accidents
Oklahoma’s small claims court offers a simpler and faster alternative to traditional litigation for minor accidents with low financial stakes. Individuals can sue for money damages up to $10,000 in small claims court without formal legal representation.
The small claims process involves filing a claim, serving the defendant with notice, and presenting your case before a judge. While you can represent yourself, understanding the procedural requirements is required, especially since the insurance company will have a lawyer to defend the case.
How much does hiring a personal injury lawyer for a minor car accident cost?
Personal injury lawyers work on a contingency fee basis, which means they only get paid if you receive a settlement or judgment. The lawyer’s fee is typically a percentage of the settlement, often around 33%.
What coverage, such as uninsured/underinsured motorist/collision coverage, should I have on my insurance policy?
To protect yourself in the event of a car accident, consider carrying the following types of coverage:
- Uninsured/Underinsured Motorist Coverage: This protects you if the at-fault driver does not have insurance or does not have enough coverage.
- Collision coverage covers damage to your vehicle in an accident, regardless of fault.
- Medical payments coverage: This helps pay for medical expenses related to the accident, regardless of fault.
Consult with Hasbrook & Hasbrook for Personalized Legal Guidance
Whether to hire a lawyer after a minor car accident in Oklahoma City depends on your case’s circumstances, the potential for legal complications, and your comfort level with handling legal matters independently. A free consultation with a personal injury lawyer at Hasbrook & Hasbrook can provide valuable insight and help you determine the best course of action.
