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Common Misconceptions About Car Accident Claims in Oklahoma

Law Offices of Jeff Martin Jan. 19, 2024

We understand that being involved in a car accident can be a stressful and confusing time. There are so many things to consider, and it's not always clear what steps you should take next. Unfortunately, this lack of clarity often leads to misconceptions about car accident claims in Oklahoma. Therefore, addressing these common misunderstandings and getting the correct information is important. 

My Own Insurance Will Be Responsible for Covering Medical Costs and Damages to My Car

One of the most prevalent misconceptions is that your own insurance will automatically cover all medical costs and damages to your vehicle. While it's true that your insurance may cover some expenses, it's important to understand that insurance policies have limits and may not cover all costs. Often, the at-fault driver's insurance is responsible for compensating you for your losses. 

You Can't Prove Who's at Fault

Another common misunderstanding involves proving fault. Many people believe that it's unnecessary to prove who caused the accident. However, determining liability is a crucial aspect of any car accident claim. Under Oklahoma law, the party who was negligent or reckless is typically held responsible for the accident. 

Proving fault in a car accident involves collecting and presenting evidence that clearly demonstrates the other driver's negligence or recklessness. This can include photographic or video evidence from the scene of the accident, witness testimonials, or police reports. Detailed medical records can also prove helpful in establishing a link between the collision and any injuries sustained. In more complex cases, expert testimony may be required. 

For instance, a traffic accident reconstruction expert can help decipher the events leading up to the collision. It's crucial to gather this evidence as soon as possible, while details are fresh and evidence is readily available. An experienced car accident attorney can guide you through this process and ensure your rights are protected. 

I Don’t Need to Seek Medical Attention Because I Feel Okay

It's not uncommon for people to assume they're fine after an accident simply because they don't feel immediate pain. But injuries from car accidents aren't always immediately apparent. It's essential to seek medical attention following a car accident, even if you think you're okay. Some of the reasons include:  

  • Your Own Sake. Firstly, seeking immediate medical attention is crucial for your own health. Some injuries, such as whiplash or concussions, might not show symptoms until days or even weeks after the accident. 

  • Documentation. Secondly, medical records serve as valuable evidence when filing a car accident claim. They document the extent of your injuries and link them to the accident. 

  • Insurance Company Can Use It Against You if You Don’t. Finally, if you don't seek immediate medical attention, the opposing insurance company may argue that your injuries weren't serious or weren't caused by the accident. 

It's crucial to dispel the misconception that immediate medical attention isn't necessary following a car accident. Regardless of how you feel after the incident, seeking a doctor's help is paramount for your health, the validity of your claim, and the assessment of accident-related injuries. In essence, a check-up can make a significant difference in both your recovery and your case. 

If It’s a Minor Accident, It’s Not Necessary to File a Police Report

In Oklahoma, it's essential to file a police report for any car accident, no matter how minor. This report serves as an official record of the incident and can be vital evidence in your claim. 

Requirement for Reporting Accidents in Oklahoma

Under Oklahoma law, any accident resulting in injury, death, or property damage exceeding $300 must be reported to the police. 

I Can’t File a Personal Injury Claim Because I Was Partially At Fault

Oklahoma follows a comparative fault rule, which means you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. 

Oklahoma’s Comparative Fault Rule

Under Oklahoma's comparative fault rule, you can recover damages as long as you are less than 51% at fault for the accident. 

I Don’t Need an Attorney to File a Personal Injury Claim

While it's true that you can file a personal injury claim on your own, having an experienced attorney by your side can make a significant difference. They can help navigate the complex legal process, negotiate with insurance companies, and ensure your rights are protected. 

Why You Should Reach Out to the Law Offices of Jeff Martin

We hope this post has helped clear up some common misconceptions about car accident claims in Oklahoma. If you've been involved in a car accident and need legal assistance, don't hesitate to reach out to us at the Law Offices of Jeff Martin. We're here to guide you through the process and fight for the compensation you deserve. We have years of experience serving clients throughout Eastern Oklahoma, including Muskogee, Bartlesville, and McAlester. Don't navigate this challenging time alone; let us help you every step of the way. Contact us today for support.