If another driver rear-ended your vehicle, you might be thinking that the accident is pretty cut-and-dry. The driver hit your car—how could you be the one at fault?
However, rear-end accidents can become just as messy as other accident types. The driver who rear-ended you may not want to admit fault or may blame you for the accident. Additionally, their liability insurance could only cover part of your damages preventing you from getting the funds necessary to fix your car or seek medical treatment.
These confusing circumstances may make it challenging to receive compensation for your damages, but an accident attorney can help. Read on to learn why you may need a car accident attorney in Oklahoma after a rear-end accident. Then contact the law firm of Bryan Garrett today to schedule a consultation.
Reasons You May Need a Car Accident Attorney Following a Rear-End Accident
If you have never gone through the insurance claims process for a rear-end collision before, you may be unsure how an attorney could help you. However, having the guidance and defense of an experienced car accident attorney can help you receive the most compensation from the at-fault party and prove negligence for the accident.
Here are several reasons you may need the assistance of a car accident attorney for your rear-end collision.
Car Insurance Minimums Could Affect Your Payout
Because Oklahoma is an at-fault state, drivers must carry liability insurance that they can use to cover damages to other vehicles in an accident. However, Oklahoma only requires that drivers have a minimum coverage of 25/50/25, which equates to:
- $25,000 per person (bodily injury)
- $50,000 per accident (bodily injury)
- $25,000 for property damage
These minimums may cover some rear-end accidents, but they may not cover all of the damages you experienced from your accident. If a driver only holds this minimum coverage, you may need to seek legal action through a car accident lawsuit to receive additional compensation.
Oklahoma Is a Comparative Negligence State
Oklahoma follows a comparative negligence statute to determine negligence in car accidents. This statute declares that all drivers involved in an accident can be partially negligent for the crash and that insurance companies can claim negligence using percentages.
If the insurer finds that a driver is more than 49% responsible for the crash, the driver cannot pursue damages from the opposing party. Similarly, the amount of compensation a driver can seek correlates to their negligence percentage.
As a result, even if you believe the other party was entirely responsible for the crash, you may not be able to receive as much compensation as you need.
You Disagree With the Fault Ruling
One of the most common reasons Oklahoma residents seek legal counsel following a rear-end accident is because they disagree with the at-fault ruling from the insurance company.
Sometimes, mitigating circumstances allow insurance companies to assign blame to drivers who may not actually be at fault for the accident. For instance, an insurance company could find you negligent for the rear-end collision because you suddenly slammed on the brakes or made an unexpected move.
Even if you were following traffic laws, an insurer could find you partially negligent. However, a competent car accident attorney can help you refute these claims and receive adequate compensation for your injuries and damages.
If you are unsure whether you need a car accident attorney in Oklahoma, contact the law firm of Bryan Garrett at 405-369-4498 today to schedule a consultation in Oklahoma City, OK, at no cost to you. We will review the details of your case and help you understand all of your legal options following your rear-end collision.