As a trusted Broken Arrow, OK car accident lawyer understands, when you first get into any kind of car crash, you may not be so concerned that the accident was your fault. You may have been obeying the law, driving carefully, and simply trying to get to your destination on time. However, when someone else was acting negligently, it should be on their insurance to cover your medical bills and any other losses as a result of the accident, right? While this may seem like it would be most fair, it is important to realize that Oklahoma follows a comparative fault system when it comes to car accidents.
A concerning number of people drive a car without sufficient coverage, or any at all. If an under-insured or uninsured driver hits you in the state of Oklahoma, you may be worried that you won’t be able to get adequate coverage for your losses and damages. Car accidents are complex incidents that can have various contributing factors. But when one of the drivers fails to have insurance, that can make things even more complicated. Our team at Wandres Law, PC is experienced in helping people navigate the aftermath of a car wreck, including when the other driver does not have proper insurance.
No matter how minor the damage to your vehicle may be, always contact the police after a car accident. This is especially helpful if the other driver does not have insurance coverage. You can use the police report the officer wrote as evidence if you need to file a lawsuit against the driver directly. As a Broken Arrow car accident lawyer suggests, while waiting for the officer to arrive, gather as much evidence as you can. Take pictures of both your cars, write down any defining details about what happened or potentially contributing factors. Exchange your name and contact with the other driver, and then provide your side of the story to police after they arrive.
Once you have left the scene and gone home, contact your insurance company. You can file a claim against the uninsured driver so that your provider will pay for medical bills and vehicle damage up to your maximum coverage amount. If you do not carry uninsured driver protection, you are still able to file a claim based on your collision coverage policy. However, your insurer may not cover expenses for medical care. So to improve your chances of it going through, it helps to have documents such as the police report, medical records, medical bills, and vehicle repair estimates/receipts. If your insurance company agrees to cover some of the damages, you may not have enough funds to fully cover your losses. If this is the case, then you may choose to take the uninsured driver to civil court.
Though it may seem like you have to prove the other party was entirely at fault for your accident, this is not necessarily the case. In fact, because Oklahoma follows a comparative fault system, you only have to prove that the other party is mostly responsible for the accident.
Your Broken Arrow car accident lawyer knows that once the other party’s insurance starts researching their own evidence for the case, they will use anything they can to lower the amount of compensation you get or even try to get rid of your claim altogether. Why? Because they want to make sure their company pays you as little as possible, even if you are the victim of an accident. Though an insurance agent may say they are in the “business of people,” they are truly in the business of getting their bottom line to be as little as possible.
If you were in an accident and the other party’s insurance is pointing a finger at you, your lawyer will see what truth there is to this claim. It may be as simple as you receiving less compensation but still getting compensation for things like your medical bills and pain and suffering. As long as you are less than 50% responsible for the accident, you can still file a claim to receive compensation for your losses. Your lawyer will diligently research the crash to provide evidence that will show liability. This means they will look at:
Many people forget just how useful the presence of a Broken Arrow car accident lawyer can be after an accident. If the other driver is not insured, or doesn’t have enough to cover you, then it can complicate the situation greatly. At Wandres Law, PC, we are strategic in getting as much compensation as possible for our clients. After all, you have suffered enough, and deserve to have someone advocate for your recovery. So don’t hesitate to get the support you need. Call today for a consultation, where we learn more about what happened and then can advise further. We are ready to come to your aid.