How to File a Personal Injury Claim After a Driver Ran a Stop Sign and Hit You — Oklahoma

Short answer: Get medical care immediately, document everything at the scene, preserve evidence and the police report, notify your insurer, and start a claim against the other driver’s insurer. If the insurer will not offer fair compensation, you can file a lawsuit in civil court. In Oklahoma, you must act quickly because time limits and evidence needs affect your ability to recover.

Detailed answer — step-by-step guide under Oklahoma law

1. Immediate safety and medical steps

– Call 911 and get medical help even if injuries seem minor. Some injuries appear later; prompt records strengthen a claim.
– Ask police to come and make an official crash report. The police report is important evidence for fault and crash details.

2. At the scene: preserve evidence

– Take photos of vehicle damage, skid marks, road signs (stop sign), vehicle positions, traffic signals, your injuries, and the surrounding intersection.
– Write down names and contact information for drivers, passengers, and witnesses. Ask witnesses for a short statement or phone number so you can reach them later.
– Do not admit fault at the scene. Keep statements factual (what happened, where, and who was injured).

3. Notify insurers and preserve vehicle evidence

– Oklahoma law requires vehicle owners to have liability insurance; report the crash to your insurer and the other driver’s insurer. Be concise and avoid providing recorded statements or signing releases without advice from a lawyer.
– Preserve your vehicle (don’t repair it before photos/inspections unless required to meet safety needs). Keep medical paperwork, photos, receipts, wage-loss records, and repair estimates.

4. Understanding fault in Oklahoma

Personal injury claims in Oklahoma rest on negligence: you must show the other driver breached a duty of care and that breach caused your injuries and losses. Running a stop sign is typically strong evidence of breach.
– Oklahoma applies comparative fault principles: if you are partly at fault, any recovery you obtain is reduced by your percentage of fault. (Check the official statutes and case law for detailed rules.)

5. Types of recoverable damages

– Economic damages: medical bills, future medical care, vehicle repair or replacement, rental car costs, lost wages and lost earning capacity.
– Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life.
– In limited, exceptional cases punitive damages may be pursued if the defendant’s conduct was willful or malicious. Documentation and legal guidance are critical for proving non-economic and punitive claims.

6. Demand, negotiation, and settlement

– Typical practice: suppliers of insurance ask for a demand package (medical records, bills, photos, a demand letter stating the settlement amount). Insurers will investigate liability and damages.
– Your claim may settle through negotiation. Insurers often seek quick, low-value settlements — consult an attorney before accepting anything that does not fully compensate your present and future losses.

7. Filing a lawsuit and time limits

– If settlement is not reached, you can file a civil lawsuit in Oklahoma court. Most personal injury lawsuits are filed in district court, though small claims or administrative processes may apply for limited claims.

Deadline: Oklahoma has time limits (a statute of limitations) for personal injury suits. For most personal injury claims the limit is two years from the date of injury. See Title 12 of the Oklahoma Statutes for the limitations on actions: Oklahoma Statutes (Oklahoma Legislature). Missing the deadline can bar your lawsuit, so act promptly.

8. Evidence you will need to build a strong claim

• Police report and crash diagram.
• Photographs and videos of the scene, vehicles, and injuries.
• Witness names and statements.
• Medical records and bills, itemized treatment plans, and future-care estimates.
• Proof of lost wages: pay stubs, employer statements.
• Repair estimates, replacement vehicle bills, and receipts.

9. When to consult an attorney

Consider talking to a personal injury attorney if:

• Your injuries required medical treatment beyond first aid.
• The insurance company denies liability or offers an inadequate settlement.
• There are disputes about fault, significant property damage, long-term disability, or complex liability issues.

An attorney can help preserve evidence, file a lawsuit before deadlines, negotiate with insurers, evaluate damages (including future care and non-economic loss), and represent you at trial if needed. Many personal injury attorneys work on contingency, meaning they are paid only if you recover.

Helpful hints

• Seek medical attention first. Treatment records are critical evidence of injury and causation.
• Get the police report number and officer name; request a copy of the report as soon as it is available.
• Take many photos from different angles and back them up. Time-stamp photos if possible.
• Do not post detailed descriptions or admission of fault on social media; insurers and defense lawyers use social posts as evidence.
• Keep a daily injury journal describing pain, treatment, and how injuries affect daily life — this helps prove non-economic damages.
• Keep all bills and receipts related to the crash in one folder (medical, vehicle, travel, child care, etc.).
• Before signing any release or accepting a full settlement, check with a lawyer if your injuries might cause future costs.
• Act quickly to preserve evidence — opportunity to inspect damaged vehicles, collect surveillance footage, and interview witnesses can be lost if delayed.
• If the other driver is uninsured or underinsured, ask your insurer about uninsured/underinsured motorist coverage to protect your recovery.

Where to find Oklahoma statutes and more information

Oklahoma statutes and legislative resources are available from the Oklahoma Legislature website: https://www.oklegislature.gov/. For deadlines for personal injury actions, see Title 12 (Actions) of the Oklahoma Statutes. For motor vehicle and traffic statutes, see Title 47 (Motor Vehicles) of the Oklahoma Statutes on the same site.

Final notes and disclaimer

This article explains general steps and common Oklahoma law concepts to help you understand how to proceed after a driver runs a stop sign and hits your car. It is educational only and not legal advice. Laws change and every case is different — consult a licensed Oklahoma attorney for advice tailored to your situation.