SKIP TO CONTENTWondering whether you can settle your Oklahoma car accident case without a lawyer? Whether you’ve had a minor fender bender or a crash that totaled your car, the smartest thing to do is hire an attorney to represent you, but if you’re set on going the DIY route, follow these steps for the strongest chance of fair compensation.
Determine Your Car Accident Damages
After a car accident, the at-fault driver should compensate you by “making you whole.” In plain English, that means paying for all accident-related damages.
Calculating your medical bills, lost wages, and property damage is simple enough, but don’t forget about future expenses. For example, how much money will you lose if you have to take several months off work? What if you need more medical care than you expected? You’ll also have to consider non-economic damages, such as pain and suffering.
Identify Who Is at Fault
The next step is to determine who is at fault for the accident. You probably think the other driver is 100% responsible, but this often isn’t so. You might be partially at fault, and if so, your degree of fault can affect your compensation.
Oklahoma follows a comparative negligence rule. According to this rule, you can’t seek compensation if you’re 50% or more at fault. The insurance company will also reduce your settlement based on its fault determination.
Collect Evidence To Support Your Claim
Once you’ve determined who is at fault for your Oklahoma car accident case, it’s time for evidence collection. You’ll need to put on your detective hat and hunt for evidence that proves the other driver acted negligently.
You can start collecting evidence immediately after the accident. Take pictures of the scene, your car, any injuries, and anything else that might have contributed to the crash. Ask witnesses for their statements, too.
You should also see a doctor even if you don’t seem injured. Without medical treatment records, you’ll have a hard time proving that your injuries are connected to the accident.
Write Your Demand Letter
At last, you’re ready to write a demand letter to the at-fault driver’s insurance company. This letter should include the facts of the accident, a list of your expenses, and an amount of compensation that you would deem fair.
It’s important to send the demand letter before the insurer offers you a settlement. By making the first move, you’ll be in a stronger position to negotiate.
Wait for a Settlement Offer
Even if the insurer accepts fault for your Oklahoma car accident case, it probably won’t give you the amount you’re asking for in your demand letter. Instead, it will send you a lower counteroffer. At this point, you can accept the counteroffer or continue with settlement negotiation.
Be aware that if you accept the offer, you cannot ask for more money in a lawsuit later. Talk to a lawyer before accepting so you know whether the settlement is suitable.
Understand That You May Be Unable To Settle Without Help
In some cases, the insurer might refuse to offer a settlement. Your next step is to file a lawsuit with the help of an attorney, but don’t wait too long to file a claim. Oklahoma’s statute of limitations for car accident claims is a mere two years from the date of the accident. After that, you can’t collect compensation.
Don’t Leave Your Settlement Up to Chance
Can you settle an Oklahoma car accident case yourself? Yes, but just because you can doesn’t mean you should. You stand a better chance of winning your case with the help of a firm like Bryan Garret, PLLC. Let our experience be a light on your legal path.
For a consultation, call (405) 839-8424.
