What to Do If the Police Don’t Show After a Car Accident in Oklahoma

Clayton T. Hasbrook

Written by Clayton T. Hasbrook. Last modified on May 29, 2024

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Getting into a car accident is always a stressful and scary experience. One of the first things you should do after checking for injuries is to call the police to report the accident. However, in some cases, the police may not respond to car accidents. Here’s what you need to know about handling a car accident in Oklahoma if the police don’t arrive.

When Are You Required to Report an Accident in Oklahoma?

When Are You Required to Report an Accident in OklahomaUnder Oklahoma law, you are required to immediately report any accident that results in injury, death, or property damage of $300 or more (47 O.S. § 10-107). If the police do not come to the scene, you still have a legal obligation to report the accident. Failure to do so could result in criminal charges, fines, and even the suspension of your driver’s license.

What if I discover injuries or vehicle damage after leaving the scene?

If you notice injuries or vehicle damage after leaving the scene, seek medical attention and have your vehicle inspected as soon as possible. Document the injuries and damage with photos and medical records, and inform your insurance company.

Should I still file an accident report if there was no damage?

In Oklahoma, you are only required to file an accident report if the accident resulted in injury, death, or property damage exceeding $300 (47 O.S. § 10-108). However, it is still a good idea to document the incident and inform your insurance company, as some damage may not be immediately apparent.

How to Report the Wreck

The Oklahoma Department of Public Safety has the fillable collision report form on its website.

Reasons Police May Not Respond

There are a few common reasons why police officers may not come to the scene of your car accident after you call 911:

  • The crash resulted in no injuries or only very minor injuries
  • The accident occurred on private property, like a parking lot
  • Poor weather conditions are causing a high volume of accidents, and police can only respond to the most serious
  • Local policies may direct police not to respond to minor accidents with no injuries
  • Higher priority calls are occupying police resources

Steps to Take If Police Don’t Arrive

If you’ve been waiting for the police and it becomes clear they aren’t coming, you should take the following steps to document the accident:

  1. Check for injuries and call for medical help if needed. Getting treatment is the top priority.
  2. Move vehicles out of the roadway if it is safe to do so.
  3. Exchange information with the other driver, including:
    • Full name and contact information
    • Driver’s license number
    • Vehicle registration number
    • Insurance company and policy number If possible, take photos of the other driver’s license, registration, and insurance card to ensure accuracy. Oklahoma law requires drivers to exchange this information after an accident (47 O.S. § 10-104).
  4. Take photos with your phone to document vehicle damage, the accident scene, visible injuries, and anything else that may help show what happened. This includes:
    • Photographing any skid marks, debris, or other relevant details
    • Making note of the date, time, location, and weather conditions
    • Sketching a diagram of the accident scene, including the position of the vehicles and any traffic signs or signals
  5. Obtain witness information. If there were any witnesses to the accident, ask for their names and contact information. Their statements can be valuable in corroborating your account of the events and determining fault.
  6. File an accident report with the Oklahoma Department of Public Safety. You can file an accident report online, by mail, or in person at a DPS location within 30 days if the accident resulted in injury, death, or property damage exceeding $300 (47 O.S. § 10-108). You can obtain the necessary form (DPS Form 33-G) online or at your local DPS office. There is a small fee for obtaining a copy of the report.
  7. Notify your insurance company. Promptly inform your insurance company about the accident, even if you believe you were not at fault. Provide them with the details of the accident and the information you collected at the scene. Your insurance company will guide you through the claims process and help you determine the next steps.

What if the other driver refuses to provide their information?

Call the police againCall the police again and tell the 911 operator that you still need a responding officer to the accident scene.

If the other driver refuses to cooperate, do not engage in a confrontation. Instead, document as much information as you can about their vehicle (make, model, color, license plate number) and physical appearance. Then, report the incident to your insurance company and the police. Under 47 O.S. § 10-104, drivers are required to exchange information after an accident, and failure to do so can result in criminal penalties.

How long do I have to file an insurance claim?

The time limit for filing an insurance claim, known as the statute of limitations, varies by state and type of claim. In Oklahoma, you generally have two years from the date of the accident to file a personal injury claim (12 O.S. § 95) and three years for a property damage claim (12 O.S. § 95). However, it is best to initiate the claims process as soon as possible to ensure a smoother resolution.

Can I still recover compensation if I was partially at fault?

Oklahoma follows a modified comparative negligence rule (23 O.S. § 13), which means that you can still recover 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.

Should I accept a settlement offer from the other driver’s insurance company?

Before accepting any settlement offer, it is advisable to consult with a personal injury attorney. Insurance companies often try to settle claims quickly and for less than the full value of your losses. An attorney can help you assess the fairness of the offer and negotiate for a higher settlement if necessary.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.