Being involved in a car accident is a stressful experience that requires quick decision-making. Among the most crucial decisions you’ll face is determining who to contact first. This comprehensive guide will walk you through the essential steps to take after an accident, what you should and should not do, and provide expert advice to help you protect your rights and interests.
Immediate Steps After a Car Accident
Ensure Safety and Check for Injuries
First, ensure everyone’s safety by moving to a safe area away from traffic. Check yourself and others for injuries. Do not try to move anyone who is severely injured unless there is a grave danger, as this can cause further harm. Alert oncoming traffic to the accident scene using hazard lights or road flares to prevent further accidents.
Call 911 and Report the Accident
It’s crucial to call 911 after a car accident. This becomes even more important if there are injuries or catastrophic damage. Oklahoma law requires drivers to report accidents that result in injury or significant damage that result in injury, death, or property damage exceeding $300. The police will file an official report, which is essential when arguing insurance claims and legal issues.
Document the Accident Scene
Use your smartphone or camera to snap pictures of the accident scene, including all vehicles involved, visible damage, road conditions, traffic signs, and skid marks. These images can be critical evidence for your insurance adjuster or car accident lawyer when assessing the damages or handling disputes. Knowing what to do immediately after a car accident can significantly impact your claim’s success.
Gather Information from Other Drivers and Witnesses
Swap contact and insurance information with the other parties at the scene, including names, phone numbers, addresses, driver’s license numbers, and insurance details. If there are witnesses, ask for their contact details as well, as their statements could be vital in verifying the details of the accident.
Seek Medical Attention, Even for Minor Injuries
Always seek medical attention after a car accident, even if you feel fine. Some injuries, like whiplash or concussions, might not show immediate symptoms. Rush University Medical Center’s research on delayed injury symptoms shows that delayed symptoms are common in car accidents. Visiting a doctor ensures your health is monitored and provides essential medical records if you file a personal injury lawsuit or insurance claim.
Who to Call First: Lawyer vs. Insurance
Legal Expert Recommendations
Legal experts often recommend making your first call to an attorney rather than an insurance company. This approach allows the attorney to prepare you for future conversations with insurance companies and helps ensure you don’t miss out on potential benefits.
The Rationale for Calling a Lawyer First
Calling a lawyer first offers several advantages:
- An attorney can advise you on what to say (and what not to say) to insurance companies
- Legal representation helps protect you from making statements that could harm your claim
- Lawyers can begin gathering evidence promptly before it disappears
- They can handle communications with insurance companies on your behalf
- They ensure all necessary documentation is properly filed within the required timeframes
- They can accurately calculate the full extent of your injuries and losses
- They’ll negotiate for fair compensation on your behalf
Understanding when to hire a personal injury attorney can make a significant difference in the outcome of your case.
The Rationale for Calling Your Insurance First
There are also valid reasons to contact your insurance company first:
- Many insurance policies require prompt notification of accidents
- Your insurer may provide immediate assistance with towing, repairs, and rental vehicles
- They can help negotiate with the other driver’s insurance company
- They may provide financial assistance while you pursue your claim
- They need to defend you if the other driver attempts to blame you
- If you carry underinsured or uninsured coverage, your insurer might pay for damages
Always call your insurance company to inform them that you have been in an accident. Oklahoma is an “at-fault” state for car accident liability, which means the person who caused the accident is responsible for paying damages.
Time Constraints for Filing Claims
It’s essential to be aware of time limitations. The statute of limitations for filing personal injury claims in Oklahoma is typically two years from the date of injury. While this might seem like ample time, it passes quickly, and failing to file within this timeframe could result in losing your chance to seek compensation.
Dealing with Insurance Companies
Your Own Insurance Company
When contacting your insurance agent, be prepared to provide:
- The driver’s name, address, and telephone number
- Insurance policy information for any other drivers involved
- Details about which law enforcement agent responded to the accident
- When and where the accident occurred
Be cautious about what you say. Stick to the facts and avoid admitting fault or speculating about what caused the accident. Understanding how insurance companies handle car accident claims can help you navigate this process more effectively.
The At-Fault Driver’s Insurance
Exercise extreme caution when communicating with the other driver’s insurance company. You’re under no legal obligation to speak with them, and anything you say could be used to minimize or deny your claim.
If the other driver’s insurance company contacts you:
- Speak to them as little as possible
- Decline to give a recorded statement
- Do not sign anything they send you
- Do not accept any settlement offers without consulting a lawyer
- Consider redirecting all communications to your attorney
If you’re having issues with the at-fault driver’s insurance company, you might wonder if you can sue them for ignoring your claim.
Insurance Adjuster Tactics
Insurance adjusters often employ various tactics to minimize payouts. According to the Insurance Research Council study on attorney-represented claims, claimants who hire attorneys receive settlements 3.5 times larger than those who don’t. Insurance companies have one goal when presented with a claim: to pay as little as possible.
When you receive a lowball offer, knowing how to respond to a lowball settlement offer from the insurance company is crucial to protect your interests.
What You Should NOT Do After a Car Accident
Just as important as knowing what to do is knowing what not to do after a car accident. A few crucial actions you need to avoid include:
Do Not Admit Fault or Apologize at the Scene
After a car accident, avoid making statements that could be interpreted as admitting fault. Even saying “I’m sorry” can be used against you in insurance claims and legal proceedings.
Do Not Give a Recorded Statement to the Other Driver’s Insurance Company
You are not obligated to give the other driver’s insurance company a recorded statement. These statements can be used to minimize your claim. Always consult your car accident lawyer before speaking to another driver’s insurance adjuster or providing formal statements.
Do Not Delay Seeking Medical Treatment
Delaying medical treatment can jeopardize your health and weaken your insurance claim or personal injury case. Insurance companies and courts may view a delay in seeking medical attention as indicating that the injuries were not severe or tied to the crash.
Do Not Sign Any Paperwork Without Calling a Lawyer
Never sign any documents, especially a settlement offer, without consulting a car accident lawyer first. Signing without legal advice could lead to accepting less compensation than you deserve or waiving rights to further compensation.
Common Mistakes to Avoid After a Car Accident
Several common mistakes can complicate your car accident claim and legal proceedings.
Failing to Report the Accident to Authorities
Always report your accident to the police, even if it seems minor. A police report is an official record of the collision, which is crucial for insurance and legal purposes.
Not Following Up on Medical Treatment
Follow all medical advice and attend all follow-up appointments. Consistent medical records are key in proving the extent and impact of your injuries. Skipping appointments or ignoring medical advice can be used against you by insurance companies.
Settling Too Quickly Without Understanding the Full Extent of Injuries
Do not rush into a settlement before you fully know the extent of your injuries and their impact on your life. How to negotiate with insurance companies after a total loss requires patience and understanding of your claim’s true value.
Understanding Insurance Claims
The Claims Process
After filing a claim, the insurance company will typically:
- Assign an adjuster to investigate your accident
- 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
Understanding the process of filing an insurance claim after an accident can help you navigate this complex procedure with confidence.
Determining Fault
Insurance companies rely on various factors to determine fault, including:
- Police reports
- Photos and videos of the accident scene
- Witness statements
- Traffic violations
- Vehicle maintenance issues
- In some cases, accident reconstruction analysis
Insurance Premium Concerns
Many people worry about whether their insurance rates will increase after an accident, even if they aren’t at fault. According to the National Bureau of Economic Research study on insurance premium increases, drivers who aren’t at fault still see an average premium increase of 10% after an accident.
If your vehicle is damaged, you might also wonder who pays for your rental car after an accident, as this can be an unexpected expense.
Bad Faith Insurance Practices
Insurance companies have a legal obligation to handle claims fairly and in good faith. Examples of bad faith practices include:
- Unreasonable delays in processing claims
- Failing to conduct thorough investigations
- Offering substantially less than a claim is worth
- Using deceptive practices
- Making fraudulent statements
After sending a demand letter to the insurance company, you might wonder what happens next and what the timeline is for receiving a response or settlement.
Do’s and Don’ts After an Accident
What to Do
✅ Calm down and check on your condition
✅ Call 911
✅ Get witness names and contact information
✅ Take pictures of the accident scene and vehicles
✅ Exchange information with other drivers
✅ Cooperate with police
✅ Seek medical help right away
✅ Keep all records related to the accident
✅ Keep notes about the accident and your recovery
✅ Report the crash to your insurance company
✅ Call a lawyer as soon as possible
What Not to Do
❌ Leave the scene
❌ Let the other driver leave without getting their information
❌ Admit fault or speculate about the cause
❌ Give recorded statements without legal counsel
❌ Sign anything from insurance companies without legal review
❌ Accept a settlement before consulting a lawyer
❌ Be afraid to ask your lawyer questions
❌ Lie to your lawyer
❌ Talk about your case on social media
❌ Forget about property damage claims
How a Car Accident Lawyer Can Position Your Case for Success
Navigating the aftermath of a car accident can be overwhelming, especially when dealing with legal complexities and insurance companies. A skilled car accident lawyer can significantly enhance your chances of securing a favorable outcome.
Here’s how a car accident lawyer can position your case for success:
- Evaluate your case: A car accident lawyer can review the details of your case and help you go through your legal options and the potential outcomes.
- Maximize your compensation: They can negotiate with insurance companies to ensure you receive the maximum compensation for your injuries and damages.
- Navigate legal challenges: Your lawyer can handle complex legal procedures and documentation, letting you prioritize your recovery.
- Remove stress: Car accidents are stressful situations. You need to focus on your recovery, and you should not be forced to deal with insurance adjusters.
- Maximize the value of your claim: Experienced attorneys know what a fair settlement for your car wreck looks like. Do not settle for anything less than your claim is worth.
Hiring a car accident lawyer can significantly strengthen your case by providing expertise in negotiation and legal strategy. When meeting with your attorney, knowing what questions to ask your car accident lawyer can help you better understand your case and build a stronger attorney-client relationship.
FAQs
What should you do after a car accident in Oklahoma?
After a car accident in Oklahoma, ensure safety, call 911, document the scene, exchange information with other drivers, seek medical attention, notify your insurance company, and consult with a car accident lawyer.
What should you not do after a car accident?
Do not leave the scene, admit fault, give recorded statements to insurance companies without legal counsel, delay medical treatment, sign paperwork without consulting a lawyer, or settle too quickly.
How can a car accident lawyer help position your case for success?
A car accident lawyer can evaluate your case, maximize compensation, navigate legal challenges, handle communications with insurance companies, gather evidence, ensure proper documentation, and represent you in negotiations or court.
Why should you seek medical attention after a car accident?
You should seek medical attention to ensure hidden injuries are diagnosed, create medical documentation for your claim, and prevent insurance companies from arguing that your injuries weren’t caused by the accident.
Why should you not admit fault at the accident scene?
Admitting fault can be used against you in insurance claims and legal proceedings, even if you later discover you weren’t actually at fault.
How do I get a police report for a car accident in Oklahoma?
You can obtain a police report by contacting the responding police department and providing the date, time, and location of the accident. There may be a small fee for obtaining this report.
What damages can I collect for a car accident?
Damages typically include medical expenses, lost wages, property damage, pain and suffering, and sometimes punitive damages in cases of egregious negligence.
Does your insurance go up after a claim that is not your fault?
Generally, your rates should not increase after a no-fault accident, but some insurance companies may still raise premiums based on their internal policies and rating systems.
Should I accept a settlement offer?
You should only accept a settlement offer after consulting with an attorney who can evaluate whether it fairly compensates you for all your damages.
When should you call a lawyer after an accident?
You should call a lawyer as soon as possible after seeking medical attention to ensure your rights are protected from the beginning.
Why should I call a lawyer before my insurance company after a car accident?
A lawyer can help prepare you for conversations with insurance companies, ensure you don’t miss out on potential benefits, and protect you from making statements that might harm your claim.
Will my medical bills be paid out of my car accident settlement?
Yes, typically medical bills are paid from your car accident settlement, but the process can be complex and depends on various factors including insurance coverage and the settlement amount.
Why am I being sued for a car accident if I have insurance?
Even if you have insurance, you might be sued for a car accident for several reasons, including if your policy limits are too low to cover the damages or if there’s a dispute about coverage.