Car accidents can transform lives, and facing the claims process following the accident can be daunting, especially where misinformation gets in the way.
Many victims either lose rightful compensation or go through undue stress by believing falsehoods. By separating fact from fiction, you will understand your rights and feel confident about pursuing a car accident claim.
Let’s take a closer look at some prevalent myths surrounding car accident claims:
You Can’t File a Claim if You Were Partially at Fault
This is incorrect in many states where comparative negligence laws apply, including Oklahoma. The common law in Oklahoma allows you to obtain compensation where you are not more than 50% at fault.
However, whatever compensation you may receive will be reduced by the extent to which you were at fault.
For instance, if you were speeding, but the other driver ran a stoplight and was deemed 80% at fault, you would still recover 80% of your damages. This system ensures that even those with some proportion of responsibility can recover compensation for their losses
In Oklahoma City, there are several cases where persons thought they could not file any claims due to shared fault. However, with car accident representation, they have secured sizable settlements despite their partial liability.
You Don’t Need a Lawyer If the Insurance Company Is Cooperating
The insurance adjuster may seem friendly or helpful, but their ultimate aim is to protect the financial interests of their employer, not yours. Without an attorney, you may agree to a settlement that does not include a complete payment of your medical bills, lost wages, and future expenses.
A lawyer negotiates and evaluates the actual worth of your case and protects your rights whenever your insurance company tends to underestimate your case.
Minor Injuries Don’t Warrant a Claim
Minor injuries can lead to complications such as chronic pain, limited mobility, or potential future rehabilitation or therapy. The most important argument for filing a claim is that it pays off if such costs arise later due to the accident.
Besides, even minor injuries can cause financial loss through medical bills, lost wages, and out-of-pocket expenditures. Without a settlement, the cost may be borne solely by you.
Always seek medical attention after an accident, even if you feel fine. A record of such an examination adds muscle to your argument and ensures that any ensuant injury is on record.
The At-Fault Driver Automatically Pays Out of Pocket
This misconception often causes hesitation, especially when the at-fault driver is a friend or family member. The damages sustained are covered not by their payment but by the at-fault driver’s insurance carrier.
This is why all drivers must take liability insurance to cover damages due to an accident. If a claim must be made, it is about the assurance of compensation under the at-fault driver’s policy.
Seeking damages from your friend for injuries from the accident will not bankrupt him. The insurance policy covers the damages.
You Must Accept the First Settlement Offer
Settlement offers made on behalf of the insurance company are often much lower than the due amount. Generally, the companies start with a lower offer because they hope you will accept it before you know the actual value of your claim.
An attorney well-versed in personal injury cases would counter the low offer and fight for all the damages, including medical expenses, lost income, property damage, pain and suffering, and many more. You can always decline when an offer does not meet your needs.
If You File a Claim, Your Premiums Could Skyrocket
If you didn’t cause the accident, there’s no reason to see your premiums spike simply because you filed a claim against the at-fault driver. In many instances, premiums tend to increase when you’re to blame for the accident or have multiple claims in rapid succession.
If the state determines fault, as Oklahoma does, your insurance premiums likely would never be affected if you didn’t cause the accident.
The Claims Process Is Too Complex to Navigate
Deciding whether or not to proceed seems complex and catches many in a severe dilemma regarding their medical bills, insurance paperwork, and negotiations; it’s the most tedious part of all.
You can then concentrate on improving while your lawyer gathers documents to substantiate your case, negotiates with insurance companies, and engages the involved parties.
Don’t let the complex claims process intimidate you into abstaining from seeking justice. Most attorneys offer free consultation services, so you’ll get a decent background for your case.
Endnote
Having busted these myths, you can proceed with your car accident claims process with greater poise and surety. Be it getting to know the grounds of eligibility for a claim, being aware of the claim’s actual value, or your rights by the law, correct information remains the most potent tool.
A knowledgeable attorney can help you navigate the process, protect your rights, and win it for you. Do not let myths deter you from pursuing justice.
