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Car Accident & Injury Attorneys

What To Do After a Car Accident That Was Not Your Fault

Key Takeaways

  • Oklahoma is an at-fault state, meaning the driver who caused the crash is responsible for your damages.
  • You have two years from the date of the accident to file a car accident claim in Oklahoma.
  • You may recover compensation if your share of fault is less than 50%, and any award is reduced by that percentage.
  • Insurance adjusters may contact you quickly. You are not required to give a recorded statement without legal guidance.
  • Richardson Richardson Boudreaux offers free consultations and works on contingency, with no fees unless we recover compensation for you.

The car accident wasn’t your fault, but in the hours and days that follow, you’re the one fielding calls from an insurance adjuster, looking at medical bills you didn’t ask for, and wondering whether the pain you’re feeling will get worse.

A recorded statement given before you understand your injuries, an early settlement accepted before you know your full damages, or a delayed trip to the doctor can all permanently weaken your claim. Oklahoma law has hard deadlines and fault rules that most drivers only discover after it’s too late to act.

Our Tulsa car and truck accident attorneys at Richardson Richardson Boudreaux have spent more than 40 years handling these cases. We know how the process works, where victims lose ground, and how to keep that from happening to you. We handle the adjusters, the paperwork, and the opposing lawyers so you can put your focus on getting better.

Oklahoma Is an At-Fault State: What That Means After a Crash

Oklahoma follows a tort-based system, meaning the driver who caused your accident bears financial responsibility for your injuries and losses. The other driver’s insurance company will investigate from the moment it learns about the crash. Its job is to pay out as little as possible, not to protect your interests.

Oklahoma also follows a modified comparative fault rule. You may recover compensation if your share of fault is less than 50%, and any award is reduced by that percentage. Under Okla. Stat. tit. 23, § 13, if a court or adjuster determines that you are 20% at fault, your recovery will decrease by that same 20%. That math makes fault allocation one of the most consequential parts of any Oklahoma car accident claim.

Steps to Take Right After the Accident

Woman standing by a damaged car, looking at her

What you do in the immediate aftermath helps shape the strength of your claim.

  1. Stay at the scene. Oklahoma law requires drivers to remain until they have fulfilled their obligations under Okla. Stat. tit. 47, § 10-103. Leaving carries serious legal consequences.
  2. Call 911. Get an official accident report on record. That report becomes key evidence in your claim.
  3. Exchange information. Get the other driver’s name, insurance carrier, policy number, and license plate.
  4. Document the scene. Photograph vehicle damage, road conditions, skid marks, and vehicle positions before anything is moved.
  5. Collect witness information. Names and phone numbers from bystanders can be decisive when fault is disputed.
  6. Seek medical care promptly. Adrenaline masks injury symptoms. Delayed care also gives insurers an argument that your injuries weren’t caused by the crash.
  7. Contact Richardson Richardson Boudreaux before giving any recorded statement. A free consultation costs you nothing and protects your claim before it’s compromised.

What Not to Do After a Car Accident That Wasn’t Your Fault

These mistakes come up repeatedly in car accident claims, and each one can reduce what you’re able to recover.

  • Admitting fault or apologizing: Even a casual “I’m sorry” can be used as evidence of fault. Let the investigation determine responsibility.
  • Giving a recorded statement to the other driver’s insurer: You have no legal obligation to do so without legal guidance. Anything you say becomes part of the file.
  • Accepting the first settlement offer: Early offers are typically made before the full scope of your injuries is known. Signing a release usually means you cannot get any more compensation.
  • Posting about the accident on social media: Photos and comments can be used to challenge the severity of your injuries.
  • Skipping follow-up medical appointments: Gaps in treatment give insurers a basis to argue your injuries weren’t serious.

How to Deal With the Insurance Adjuster After the Crash

The adjuster who contacts you works for the insurance company, not for you. Report the accident to your own insurer promptly. Beyond that, you have no obligation to give a detailed recorded statement to the other driver’s insurer before consulting an attorney.

Watch for quick settlement offers. An adjuster may call within days with a number that sounds reasonable before you understand your full diagnosis or out-of-pocket costs. That offer typically comes with a release of all future claims attached. When Richardson Richardson Boudreaux represents you, our attorneys handle adjuster communication directly so you don’t have to guess what to say.

What Compensation Can You Recover If the Accident Wasn’t Your Fault

Oklahoma law allows injured drivers to seek compensation from the at-fault party for the losses the crash caused. Recoverable damages typically include:

  • Medical bills, including emergency care, surgery, hospitalization, physical therapy, and prescription costs
  • Lost wages for time missed from work during recovery
  • Pain and suffering, and other damages tied to how the injury affected your daily life
  • Future medical care if your injuries require ongoing treatment
  • Emotional distress related to the trauma the accident caused

The value of your claim depends on injury severity, your share of fault, and available insurance coverage.

How Long Do You Have to File a Car Accident Claim in Oklahoma

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Oklahoma gives most injury victims two years from the date of the accident to file a personal injury lawsuit. That deadline is set by Okla. Stat. tit. 12, § 95(A)(3), and courts apply it strictly. A claim filed after the deadline is almost always dismissed.

Real problems develop even within that window. Witnesses’ memories fade, physical evidence disappears, and medical records become harder to connect to the crash if treatment is delayed. If your claim involves a government entity, shorter notice requirements may apply. The sooner you act, the more options you preserve.

How to Know If You Need a Car Accident Lawyer in Tulsa

Not every fender bender requires legal representation. But when injuries are involved, fault is disputed, or an insurance company pushes a quick settlement, an attorney changes the dynamic. The stakes are higher than most people expect, and the decisions made early in a claim are often the hardest to undo.

If any of the following apply, legal representation is worth considering:

  • Your injuries required medical treatment or may need ongoing care
  • The other driver disputes fault, or their insurer is pushing back
  • An adjuster contacted you quickly with a settlement offer
  • You missed work or expect to miss work due to your injuries
  • A commercial vehicle, a government entity, or multiple drivers were involved

Why Choose Richardson Richardson Boudreaux for Your Car Accident Case

When you’re managing medical bills, trying to get back to work, and dealing with an insurance company that’s already building its defense, you need a team that can handle the legal side from day one.

Richardson Richardson Boudreaux has been handling car accident claims in Tulsa and across Oklahoma since 1984. We know how to document a claim, protect your rights, and move the process forward while you focus on recovery.

Client Testimonials

“The team at RRB is nothing short of spectacular. They were prompt in taking on my case, very quick to handle every detail, quick tor eternal phone calls or emails. My case was completely handled within 2 weeks, and I have no doubt if I hadn’t gotten their help with my situation, nothing would be resolved at this point. I 1000% recommend Colton and the team at RRB.” – Megan A.

“Chuck, Wriley, and Colton went above and beyond to help us with our case. RRB was there every step of the way to ensure our minds were at ease. I owe these guys everything… and then some. My family and I praise God for finding you guys. Thank you so much for everything you have done for our family!” – Carson H.

Frequently Asked Questions About Car Accidents in Oklahoma

How Much Will My Insurance Go Up After a No-Fault Accident?

In Oklahoma, your insurer cannot raise your rates, cancel your policy, or refuse to renew it just because you had a non-fault accident. That protection comes from Section 941 of the Oklahoma Insurance Code. Rate increases after at-fault accidents are a separate matter.

What If the At-Fault Driver Is Uninsured?

Oklahoma has a high rate of uninsured drivers. If you have uninsured motorist coverage, your own insurer pays for medical bills, lost wages, and pain and suffering. If you’re not sure what your policy covers, Richardson Richardson Boudreaux can review it and handle the claim.

Take Your First Step Toward Recovering What You’ve Lost

The insurance company starts working on your case from the moment the accident is reported. Richardson Richardson Boudreaux can be working for you just as quickly. Call us at 918-888-8000 or fill out our contact form for a free consultation. There’s no obligation and no fees unless we recover compensation for you.

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Written By Charles L. “Chuck” Richardson

Managing Partner

As a managing partner and personal injury lawyer at Richardson Richardson Boudreaux, Chuck has successfully achieved the largest verdict in four counties in Oklahoma. In addition, juries have awarded Chuck verdicts of $6,900,000, $10,000,000 and $6,500,000 among many others. Chuck is not intimidated by big companies difficult cases. He has successfully tried and/or settled cases involving medical malpracticecommercial truck accidents, car accidents, and accidents involving catastrophic injuries or death.

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