How to Recover Damages from a Car Accident in Oklahoma
If you have been recently injured in a car accident in Oklahoma, you need to know how to recover your entitled compensation to pay for your losses, such as property damage, medical expenses, lost income, and even pain and suffering. Oklahoma is considered a “fault-based” state, which means the at-fault driver or their insurance company is responsible for any damages the driver causes.
The following are three ways an injured driver can recover damages in a car accident:
- File a claim with you own insurer, which will file a subrogation claim against the liable party’s insurance company.
- File a claim directly with the liable party’s insurer.
- File a personal injury lawsuit against the liable party.
Car Accident Reporting Requirements
Remember, if a car accident involves an injury, death, or more than $300 worth of property damage, you must contact the police to the scene. Officers will write a police report that can be used as evidence in a car accident claim.
Comparative Negligence Law
But what happens if the at-fault driver either partially or completely blames you for causing the collision? Oklahoma follows a “modified comparative negligence” rule, which means your award will be reduced by your percentage of liability, so long as your share of fault does not exceed the liability of the other party.
For example, let’s say the jury awards you with $100,000 in damages for your losses, but the jurors also believe you were 15 percent to blame for the crash. In this scenario, you will only be able to keep $85,000 or 85 percent of your damages.
Statute of Limitations for Car Accidents in OK
Similar to many personal injury claims, you must file a car accident lawsuit within two years of the date of the collision. However, it is wise to file a claim as soon as possible to get the legal process started.
If you or a loved one has suffered an injury in a car accident in Norman or within the surrounding area, contact Nichols Dixon PLLC today at (405) 294-1511 to learn how our experienced legal team can help you!