The settlement you receive from your car insurance company may depend on several factors, including your policy and your role in the accident. It may also depend on whether you are represented by an experienced Oklahoma car accident attorney.
Liability insurance pays for personal injuries and property damage if you are at fault in a car accident. Therefore, you would seek payment from the other driver’s insurance if he or she caused your crash.
The minimum amount of liability coverage required in Oklahoma is “25/50/25,” or $25,000 per person for bodily injury, $50,000 for all persons injured in one accident, and $25,000 for all property damage in one accident. If you have collision insurance, it should pay for damage to your vehicle according to what the policy provides.
You may also have uninsured motorist/underinsured motorist (UM/UIM) coverage. This coverage pays for personal injuries caused by an uninsured motorist, an underinsured motorist or a hit-and-run driver. You are not required to carry this coverage in Oklahoma. Still, insurers are required to offer it with every auto insurance policy.
Oklahoma law also embraces the doctrine of “comparative negligence.” In a car accident, each party’s contribution to the accident is considered. For example, the comparative negligence among two drivers may be found to be 80/20 (one is 80 percent at fault, the other is 20 percent). If you are 20 percent at fault, your claim would be reduced by 20 percent. If you have 50 percent or more of the negligence, you would not be compensated for your losses.
An experienced car accident attorney can challenge claims that your negligence contributed to a car accident and thus increase your claim. Your attorney can also pressure a reluctant insurance company to pay a proper settlement in a timely manner.
Posted in: Car Accidents