Disclaimer: This is not legal advice. For legal guidance, consult a licensed attorney.
Detailed Answer
Gather and Organize Your Evidence
Collect police reports, medical records, repair estimates and photos. Organize bills and receipts for all accident-related costs. A clear file supports your valuation.
Understand Oklahoma’s Fault System and Deadlines
Oklahoma uses a modified comparative negligence system under 23 O.S. § 13. You can only recover if you bear 50% or less of fault. The two-year statute of limitations is set by 12 O.S. § 95. Missing this deadline bars your claim.
Calculate a Reasonable Settlement Range
Estimate economic damages like medical bills and lost wages. Add non-economic factors such as pain and suffering. Research jury verdicts in similar cases to refine your range.
Prepare a Comprehensive Demand Letter
Write a formal demand that outlines liability, injuries and supporting evidence. State your settlement figure and deadline for response (usually 30 days). Clear, professional language encourages serious review.
Use Strategic Negotiation Techniques
Anchor with a realistic high-end demand. Be firm on your bottom-line minimum. Use silence after making an offer—insurers often fill the gap. Record all communication in writing.
Know When to Involve a Lawyer
If the insurer undervalues your claim, or if liability is disputed, consider hiring counsel. Attorneys work on contingency fees—a percentage of your payout—so they share your goal of maximizing recovery.
Helpful Hints
- Document all conversations: Date, time and person you spoke with at the insurance company.
- Keep medical treatment consistent: Gapless care strengthens causation proof.
- Involve experts: Accident reconstruction and medical experts can solidify your claim.
- Beware of quick offers: Early lowball offers often tempt claimants to settle prematurely.
- Stay patient: Negotiations can take weeks or months. Rushing can reduce your compensation.