Detailed Answer
When you suffer injury in an Oklahoma auto accident caused by another driver, you can seek compensation for medical expenses from the at-fault party’s liability insurer. To secure payment, you must establish the insurer’s responsibility under state law and your policy. Below are key steps and legal considerations.
1. Verify Liability Coverage
Oklahoma law requires most drivers to carry liability insurance with at least 25/50/25 limits (36 O.S. § 3636). Start by obtaining the other driver’s policy declarations via the Oklahoma Department of Public Safety or through the insurer after you notify them of the crash.
2. Provide Prompt Notice
Under Oklahoma’s Unfair Claims Settlement Practices Act, insurers must acknowledge and process claims within a reasonable time (36 O.S. § 1250.4). To trigger this obligation, send written notice of the accident and your intent to file a claim. Include basic facts: date, location, driver names, and a brief injury description.
3. Gather and Submit Medical Documentation
To prove your expenses, compile all medical records, itemized bills, and provider statements. Include emergency room notes, imaging reports, physician assessments, physical therapy logs, and pharmacy receipts. Attach a cover letter summarizing total charges and the nature of treatment.
4. Establish Negligence and Causation
The insurer will examine fault and whether your injuries stem from the crash. Strengthen your claim by:
- Securing a police report with fault findings.
- Gathering witness statements and photographs of the scene and vehicle damage.
- Having medical experts link your treatment to the accident.
5. Submit a Written Demand
Once treatment stabilizes, send a formal demand letter. It should:
- Detail your injuries and medical expenses.
- Cite relevant policy limits and statutes.
- Request a specific payment amount.
If the insurer refuses or delays payment unreasonably, you can file a lawsuit. In Oklahoma, you must file within two years of the injury (12 O.S. § 95(A)(3)).
Helpful Hints
- Notify both your insurer and the at-fault insurer immediately after the accident.
- Keep a detailed accident diary: record pain levels, doctor visits, and missed work.
- Review your own policy for MedPay or Personal Injury Protection for faster access to funds.
- Follow your doctor’s treatment plan exactly; insurers may deny claims for gaps in care.
- Consider a lawyer if the insurer disputes fault or undervalues your medical bills.
Disclaimer: This article provides general information on Oklahoma law and is not legal advice. Consult a licensed attorney for guidance on your specific situation.