Detailed Answer: Securing Liability Acceptance from an At-Fault Insurer in Oklahoma
Disclaimer: This article provides general information under Oklahoma law and does not constitute legal advice. Consult a licensed attorney for guidance on your situation.
1. Establishing the At-Fault Party’s Liability
Gather solid evidence to prove the other driver’s negligence. Collect the police report, witness statements, photos of the crash scene, medical records, and repair estimates. Oklahoma applies a modified comparative negligence rule (23 O.S. § 13). You can recover damages only if your fault is less than 50%.
2. Providing Timely Notice to the Insurer
Send a written notice to the at-fault driver’s insurer as soon as possible. Include basic facts, the date and location of the crash, and a brief statement of your injuries. Early notice lets the insurer begin its investigation promptly.
3. Sending a Formal Demand Letter
Within 30 days of filing your notice, send a demand letter. Detail the accident facts, legal basis for liability, and itemized damages (medical bills, lost wages, pain and suffering). Cite Oklahoma’s Unfair Claim Settlement Practices Act (36 O.S. § 1250.3) to remind the insurer of its duty to accept or deny your claim promptly.
4. Leveraging Statutory Deadlines and Bad Faith Claims
If the insurer unreasonably delays or denies your claim, you may have a bad faith claim under 36 O.S. § 1250.3. Document every call, email, and letter. Maintain a clear timeline showing the insurer’s failure to act.
5. Considering Mediation or Litigation
If negotiations stall, consider mediation or arbitration. If those fail, file a lawsuit. Oklahoma’s personal injury statute of limitations is two years from the date of injury (12 O.S. § 95(A)).
Helpful Hints
- Keep an accident journal with dates, times, and contacts.
- Obtain multiple medical and repair opinions to support your damages.
- Use certified mail or a claims portal to track all correspondence.
- Review your own auto policy for uninsured/underinsured motorist coverage.
- Seek legal counsel early if the insurer disputes liability.