In most cases, call a lawyer first. Nothing in Oklahoma law requires you to speak with any insurance company before consulting an attorney, and a lawyer can help you avoid statements that weaken your claim. Still notify your own insurer promptly, ideally after that first call, since most policies require timely notice.
Why You Should Call a Lawyer Before Your Insurance Company
Attorneys at firms like Hasbrook & Hasbrook generally recommend speaking with a lawyer before you speak with any insurance company, including your own. A lawyer can walk you through how to handle those first conversations with insurance companies, start gathering evidence while it is still available, and handle communications with adjusters on your behalf. You still need to notify your own insurer, but a short call after you have spoken with a lawyer protects you just as well as calling first.
There are also reasons people are tempted to call their own insurer first: many policies require prompt notice of an accident, and your insurer may help arrange a tow, a rental car, or repairs while your claim moves forward. If you carry uninsured or underinsured motorist coverage, your own insurer may end up paying part of your damages. None of that requires skipping the call to a lawyer. It just means the insurance call usually comes second, not first.
Immediate Steps After the Crash
Move to a safe area away from traffic if you can, and check yourself and any passengers for injuries. Do not move anyone who is seriously hurt unless staying in place creates a greater danger. If anyone is hurt or killed in the crash, Oklahoma law requires the driver to give immediate notice to police (47 O.S. § 10-107), so call 911 even when injuries seem minor.
Photograph the vehicles, the road, any skid marks, and visible damage, and exchange names, phone numbers, and insurance information with the other driver. Ask any witnesses for their contact information too. Rush University Medical Center’s research on delayed injury symptoms shows that injuries like whiplash and concussions often do not show up right away, which is one reason to see a doctor even if you feel fine at the scene.
What Not to Say to Any Insurance Company
Do not admit fault or say “I’m sorry” at the scene, since either can be used against you later. You are under no obligation to give a recorded statement to the other driver’s insurance company, and you should not sign anything or accept a settlement offer without a lawyer reviewing it first.
Insurance adjusters are trained to minimize what they pay. According to the Insurance Research Council’s study on attorney-represented claims, claimants who hire a lawyer recover settlements roughly 3.5 times larger than those who handle a claim alone. If you already received a low offer, we cover your options if the insurance company comes back with a number that is too low.
How the Claims Process Works
After you file a claim, an adjuster typically reviews the police report, examines the vehicle damage, checks your medical records, and either makes an offer or denies the claim. We explain how to file an insurance claim after a crash in more detail on a separate page.
Many drivers worry their premiums will rise even when they were not at fault. A National Bureau of Economic Research study on insurance premium increases found that drivers who were not at fault still saw an average 10% premium increase after a crash. Insurers also owe you a duty of good faith, and unreasonable delays or lowball offers can amount to bad faith insurance practices in their own right.
Don’t Miss Oklahoma’s Filing Deadline
Oklahoma generally gives you two years from the date of the accident to file a personal injury lawsuit (12 O.S. § 95). Two years can pass quickly once medical treatment and insurance back-and-forth are added into the mix, so it is worth talking to a lawyer well before that deadline gets close.
How a Car Accident Lawyer Strengthens Your Case
A Hasbrook & Hasbrook car accident lawyer can review the facts of your case, explain your options, and negotiate with insurance companies so you can focus on recovering. Hiring a car accident lawyer can strengthen your case by adding experience in negotiation and legal strategy to your corner. Before your first meeting, it helps to know what questions to ask a car accident lawyer so you get the most out of the conversation.
FAQs
Why should I call a lawyer before my insurance company after a car accident?
A lawyer can help you prepare for conversations with insurance companies, make sure you do not miss out on benefits you are entitled to, and protect you from statements that could weaken your claim later.
Why should you not admit fault at the accident scene?
Statements that sound like an admission of liability can be used against you in an insurance claim or a lawsuit, even if it later turns out you were not actually at fault.
How do I get a police report for a car accident in Oklahoma?
Contact the police department that responded to the crash and provide the date, time, and location of the accident. Most departments charge a small fee for a copy of the report.
What damages can I collect for a car accident?
Depending on your case, you may be able to recover medical expenses, lost wages, property damage, and pain and suffering, plus punitive damages in cases involving egregious negligence.
Does my insurance go up after a claim that is not my fault?
Generally your rates should not increase after a no-fault accident, though some insurers weigh accidents regardless of fault under their own internal rating rules.
Should I accept a settlement offer?
Have a lawyer review any offer before you accept it. An attorney can confirm whether a proposed settlement actually covers your medical bills, lost wages, and other losses.
Will my medical bills be paid out of my car accident settlement?
Usually, yes. Medical bills are typically paid from your settlement, though the exact process depends on your coverage and how the settlement is structured.
Why am I being sued for a car accident if I have insurance?
Even with insurance, you can still be sued after a car accident if your policy limits are too low to cover the damages, or if there is a dispute about coverage.
