When it comes to car accidents, Oklahoma is an at-fault state. This means that the person who causes an accident is responsible for compensating anyone else involved.
Most often, this compensation comes from the at-fault driver’s insurance company. As most of us know, insurance companies don’t like paying out benefits, even though this is the only reason we use them. Insurers often sink to tricky methods to accuse the other driver of fault, looking for any excuse to make this claim.
If the other driver is obviously at fault, insurance companies can claim that you are partially responsible for the wreck. Often, they use flimsy arguments to support this claim. Here are two arguments that insurance companies often make that are irrelevant to fault in an accident.
YOU WEREN’T WEARING YOUR SEATBELT
For sure, you should always buckle up when you drive. Doing so can help protect you from major injuries, and you are required to do so by law.
If you are in an accident, the lack of a seatbelt can make your injuries far worse. This can make getting the proper insurance benefits difficult. Insurance companies can blame you for your injuries, and they may be reluctant to pay you the amount you need to cover your injuries. Using your lack of a seatbelt against you may be justifiable when it comes to covering the full extent of your injuries. Blaming you for fault, however, is not.
Whether you were wearing a seatbelt has nothing to do with the cause of an accident. If the at-fault driver was speeding, ran a stop sign, or drove distracted, you would have been hit no matter what. The other driver is completely at fault for causing the accident, even if not wearing your seatbelt caused you to suffer more severe injuries in the crash.
YOU DROVE WITHOUT A LICENSE
Driving with a suspended license or without one at all is illegal. Doing so can lead to serious legal repercussions. It also makes getting insurance benefits more difficult.
Driving while improperly licensed, however, has absolutely no bearing on fault in a car accident. Imagine a scenario that requires no license. A pedestrian could be hit by a careless driver, and so could a bicyclist. No one would hold them responsible for walking or biking without a license. The same is true for driving. Regardless of your legal right to drive, if you were victimized, you are not responsible. Holding you accountable is just another insurance trick to avoid paying you more money.
If you’ve been wrongfully accused of fault in an accident, reach out to our firm for help. We may be able to fight back against the insurance company and get you the compensation you deserve. For a free consultation, fill out our online contact form, or call our office at 918-492-7674.