Learn how to protect your rights and safety after an Oklahoma car accident. See what you need to build a strong injury claim.

There are 169 motor vehicle accidents every day on Oklahoma roadways.¹ When you or a family member are hurt in an accident, you have the right to expect compensation for your damages.

Here we cover what you can do to protect your safety after a car wreck, how to determine who’s at fault, and how to begin building a strong insurance claim for compensation.

What to Do After an Oklahoma Car Accident

Follow these five steps to protect your legal rights and your financial interests after an Oklahoma car accident.

1. Stay At the Scene

Oklahoma car accident law requires drivers involved in a serious crash to immediately stop and remain at the scene, or as close as safely possible.

Drivers convicted of leaving an accident scene may face jail time from ten days to ten years, monetary penalties up to $10,000, and revocation of their driver’s license.

2. Exchange Information and Help the Injured

Drivers at the scene of an accident involving injury or death must provide their correct name, contact information, and vehicle registration information. Drivers must display their driver’s permit upon request.

Drivers who could be cited for a traffic violation resulting in injury or death must also submit to drug and alcohol testing as soon as is practical after the crash.

Oklahoma requires drivers to aid the injured, including making arrangements to transport the injured person to a medical facility. Calling 911 to report the accident and ask for an ambulance will satisfy this obligation. If you can, try to help the injured until medical assistance arrives.

3. Seek Prompt Medical Treatment

You must seek prompt medical care after a car accident, even if you don’t think you’ve been hurt. An adrenaline rush is common after crashes, which can mask the symptoms of serious injuries. Never refuse or delay medical care after an accident.

Cooperate with paramedics at the scene. Let them examine you, and answer all their questions. If they want to transport you to the hospital, go with them.

If you aren’t taken directly to a hospital from the scene, make arrangements to go to the hospital emergency department, an urgent care center, or your own doctor if they can see you the same day. Don’t wait until days later when you can’t turn your head or your vision is blurry.

Refusing or delaying medical care gives the at-fault driver’s insurance company a handy excuse to fight your claim. The adjuster will say your injuries aren’t related to the crash.

4. Gather Evidence From the Scene

In “tort” states like Oklahoma, you will seek compensation from the at-fault driver or their insurance company. However, the burden is on you to prove the other driver caused the accident and is responsible for your damages.

The police crash report is valuable evidence of the other driver’s fault, especially if they were ticketed for a traffic violation.

Other types of evidence include:

• Pictures and video taken at the scene
• Witness information
• Your notes about what happened

5. Notify Both Insurance Companies

Oklahoma is a traditional fault state, meaning car accident victims can expect the at-fault driver, usually through their insurance company, to pay for their damages.

If you’ve decided to handle your own injury claim, notify the other driver’s insurance company as soon as possible after the accident. You will get a letter from the company with a claim number and contact information for the adjuster assigned to your claim.

You might even get a quick offer of settlement. In most cases, you’re better off waiting until you’ve fully recovered from your injuries before discussing settlement. Let the adjuster know you will get back to them when you’re ready to discuss settlement.

Don’t wait to notify your own insurance company of the accident. Auto policies all have language requiring the policyholder (you) to notify them if there’s been an accident, even when it wasn’t your fault. In turn, your insurer has a duty to defend you against lawsuits filed by others injured in the accident.

When you are represented by an attorney, you won’t have to deal directly with the insurance companies. Your attorney will make all the necessary notifications.

Oklahoma Fault and Liability Rules

Because Oklahoma is a traditional fault or “tort” state, you will pursue compensation from the at-fault party.

In a no-fault state, you must first rely on your own insurance policy for compensation. In Oklahoma, you are not required to file a claim on your own policy after a car accident.

Of course, you can use optional coverage, like collision coverage, if you wish. If you use your collision coverage for vehicle repairs after an accident, your insurer will pursue reimbursement from the at-fault driver’s insurance company.

Oklahoma Shared Fault Rules

Oklahoma follows a modified comparative fault rule. You can make a claim against the other driver even when you are partly to blame for your injuries, so long as you aren’t more to blame than the other party. Your payout will be reduced according to your percentage of shared fault.

Oklahoma Car Accident Compensation

Insurance companies in Oklahoma pay out over $1.6 billion in auto accident claims each year.

The “multiple method” is an easy way to estimate compensation for mild to moderate car accident injuries. Add up all your economic damages, including medical bills, out-of-pocket costs, and lost wages. Then add one to three times that amount for your non-economic damages, like pain and suffering.

A multiple of one can be used for minor injuries, like bruises and mild sprains. A multiple of two or three is reasonable for moderate injuries, like more extensive soft-tissue injuries, a mild concussion, or a broken arm.

Severe injury claims can only be accurately valued by an experienced personal injury attorney. An attorney will factor in future expenses, loss of earning capacity, and the extreme pain and emotional distress that occurs with serious injuries.

Average Car Accident Settlements in Oklahoma

The average injury settlement for a moderate car accident claim in Oklahoma is $39,137, with average payouts ranging from $6,285 to $926,186. Settlements and court awards can range from $481 for minor injuries to $3,500,000 for catastrophic injuries.

Injury settlements can vary widely, depending on the type of accident, the age of the victim, and the available auto or liability insurance.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Oklahoma County, McClure v. Litzenberg, CJ-2012-1082, a jury awarded $1,522 to the victim for soft-tissue neck injuries. The low-impact crash was caused by a drunk driver.
2. In Tulsa County, Garrison v. Garrison, CJ-2015-04563, the case settled for $300,000 policy limits. The high-speed rear-end collision was caused by a 15-year-old unlicensed driver.

Factors that impact car accident compensation include:

• Scope and severity of injuries
• Shared fault for the crash
• Multiple-vehicle collisions
• Multiple injured victims
• Fatalities
• Available insurance coverage

The coverage limits from the at-fault driver’s policy and your own policy may be the only source of compensation for injury claims. The coverage limits may not be enough to fully compensate for severe injuries.

Oklahoma State Minimum Insurance Requirements

Oklahoma drivers are required to have an auto insurance policy with minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $25,000 for property damage.

Uninsured Motorist Coverage in Oklahoma

Insurance companies in Oklahoma are required to provide uninsured motorist coverage equal to the policy liability limits. Oklahoma law defines uninsured motorist coverage to include coverage for accidents caused by a hit-and-run, a driver with no insurance, or a driver with insurance that is inadequate to cover all your damages.