Detailed Answer
Under Oklahoma law, you can pursue compensation for vehicle damage independently of any bodily injury claim. Separating these claims helps you get repairs done promptly while you allow your medical recovery to stabilize before settling injury damages.
1. Document the Accident
• Obtain a certified copy of the police crash report under 47 O.S. § 1-120 (link).
• Take clear photos of all vehicle damage and accident scene details.
2. Notify Your Insurance Company Promptly
• Report property damage within the timeframe required by your policy and Oklahoma law under 36 O.S. § 3636 (link).
• Provide insurer with the police report, repair estimates, and photos.
3. File a Property Damage Claim
• Work with your insurer’s claims adjuster to agree on repair costs.
• If the insurer denies the claim or offers an inadequate amount, you can pursue your own claim in court.
4. Choose the Right Court Forum
• For claims up to $10,000: file in Small Claims Court under 12 O.S. § 1751 (link).
• For claims above $10,000: file in District Court. Follow service rules under 12 O.S. § 2004 (link).
5. Prepare Your Case
• Compile all estimates, receipts, photographs, and correspondence.
• Consider obtaining an independent appraisal. Some policies include an appraisal clause to resolve disputes.
Helpful Hints
- Keep all repair estimates and invoices in one folder.
- Note deadlines for filing suit—Oklahoma’s statute of limitations for property damage is five years under 12 O.S. § 95.
- Mitigate damage by arranging temporary repairs to prevent further loss.
- Stay organized: track all calls with insurers, adjusters, and repair shops.
- Consider mediation or arbitration if preferred by your policy.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.