Next Steps After Getting a Crash Report: Moving a Personal Injury Claim Forward in Oklahoma
This page answers, step-by-step, what to do after you receive a police crash report in Oklahoma so you can move a personal injury claim forward. It is written for readers with no legal background and explains practical actions, evidence to collect, insurance steps, timelines, and when to consider hiring an attorney.
Disclaimer
This information is educational only and not legal advice. Laws change and every case is different. For advice tailored to your situation, consult a licensed Oklahoma attorney.
1. Take immediate steps to protect health and evidence
– Seek medical care now, even for minor symptoms. Documenting injuries early creates a medical record that links your injuries to the crash. Keep copies of all medical bills, reports, prescriptions, and referral notes.
– Preserve evidence: photos of the vehicles, crash scene, road marks, traffic signals, and visible injuries. Save text messages, photos, or social media posts about the crash. Preserve the clothing and shoes you wore if they show damage.
2. Review the crash report carefully
– The crash report summarizes the investigator’s observations, listed drivers, witnesses, and sometimes a diagram. Use it to confirm names, insurance companies, and witness contact information.
– Correct obvious errors by contacting the law enforcement agency that prepared the report. Note that the report is an investigatory document and not legally dispositive — but it is often persuasive to insurers and a court.
3. Notify your insurer and the at-fault party’s insurer
– Report the crash to your own insurance company right away to preserve coverage, including any uninsured/underinsured motorist coverage.
– The other driver’s insurer will likely contact you. Be truthful but brief. Do not give recorded statements or detailed explanations until you understand the legal implications. Consult your insurer’s claims instructions and consider talking with a lawyer before giving recorded statements.
4. Document your damages carefully
- Medical treatment and future care (bills, physician notes, therapy records)
- Lost wages and employment records (pay stubs, employer letters)
- Vehicle repair estimates and receipts; rental car invoices
- Pain, suffering, and reduced quality of life (a daily journal describing limitations and pain levels)
5. Use the crash report as one piece of evidence
– Attach a copy of the crash report when you send an insurance claim package. The report usually lists witnesses, driver statements, and a diagram that supports fault and sequence of events.
– Keep in mind the report may include officer opinions (e.g., likely cause). Insurers and lawyers treat those opinions as helpful but not definitive.
6. Present a clear claim package to insurers
A basic claim package should include:
- Copy of the crash report;
- Medical records and itemized bills (beginning to current);
- Proof of lost wages or other economic losses;
- Photos and repair estimates for the vehicle;
- A short demand letter or summary describing how the crash happened and the damages you seek.
Insurers often make early settlement offers. Evaluate offers against documented damages and future care needs. Do not accept a full-and-final release without being sure it covers all present and future losses.
7. Timeline: watch the statute of limitations
In Oklahoma, most personal injury actions must be filed within two years from the date of injury. See 12 O.S. §95(3). Missing this deadline can bar your right to sue. For more on the statute of limitations, see the Oklahoma statutes: Title 12 — Actions (Oklahoma Statutes).
8. When to hire an attorney
Consider getting a lawyer if any of the following apply:
- Serious or permanent injuries;
- Significant medical bills, ongoing treatment, or uncertainty about future care;
- Disputed fault or complicated factual issues;
- Multiple parties, commercial vehicles, or government entities may be responsible;
- The at-fault insurer makes a low offer or denies liability;
- You need help with medical liens, subrogation demands, or coordinating multiple insurers.
An attorney can evaluate damages, send demand letters, negotiate settlements, and file suit if needed. Most personal injury lawyers in Oklahoma handle car-crash cases on contingency (no fee unless you recover money), but confirm fee terms in writing.
9. If you must file a lawsuit
– If settlement negotiations fail, the next step is filing a petition in the appropriate Oklahoma district court before the statute of limitations runs.
– Litigation steps include pleadings, discovery (written questions, document requests, depositions), expert reports, mediation or settlement conferences, and possibly trial.
– Courts rely on medical records, witness statements, the crash report, expert testimony (accident reconstruction, medical experts), and documentary evidence to decide fault and damages.
10. Common pitfalls to avoid
- Delaying medical care. Gaps between the crash and treatment can weaken the link between the crash and injuries.
- Accepting a quick lowball settlement without understanding future medical needs.
- Posting detailed accident descriptions or photos on social media.
- Missing the statute of limitations (generally two years in Oklahoma for personal injury actions).
- Giving recorded statements or signing releases without legal advice.
Helpful resources and statutes
- Oklahoma Statutes (actions and limitations): https://www.oklegislature.gov/os/statutesTitle.aspx?title=12 (see 12 O.S. §95 for limitations)
- Oklahoma Department of Public Safety (information about crash records and how to request them): https://www.ok.gov/dps/
- Local law enforcement agency that prepared the report — contact information is on the report.
Quick checklist to move the claim forward
- Get and save the crash report and photos of the scene.
- Seek medical care and keep all records and bills.
- Notify your insurer and be cautious with statements to other insurers.
- Document lost wages and other economic losses.
- Send a documented demand to the at-fault insurer with the crash report and medical proof.
- Be mindful of the two-year filing deadline and consult an attorney early if injuries are significant or liability is disputed.
If you want, I can outline a sample demand letter checklist or list questions to ask when you consult an Oklahoma personal injury attorney.