The Sooner State has a lot going on, even if you’re not a huge college sports fan. Just take a drive out of OKC and you’re gazing at some amazing scenery. Even though Oklahoma is a pretty safe state for drivers, collisions still occur.
There were an estimated 19,000 traffic accidents in Oklahoma City, OK, in 2021. This statistic may not be alarming high but it does mean it’s a good idea to know a bit about the Sooner State’s modified comparative negligence insurance law. This rule can have a huge impact on your ability to recover compensation so here’s what Oklahoma drivers should know.
Understanding Modified Comparative Negligence?
Oklahoma is one of about 12 or so states following modified comparative negligence rules. If you’re not sure what this can mean for your car accident claim, you’re definitely not alone. In a nutshell, modified comparative negligence lets more than one individual or entity be responsible for causing the same accident.
What about filing an injury claim for damages under modified comparative negligence laws? Typically, as long as you’re not more than 51% responsible for causing the accident filing a claim against the at-fault driver shouldn’t be a problem. However, your compensation amount will be reduced by your assigned percentage of fault.
So, if you’re 50% responsible for the accident and your claim’s value is $100,000, your settlement will be $50,000. If you’re 51% responsible or higher for the accident, you can’t file a claim against the other involved party. Your only chance of recovering compensation is to go through your insurance provider.
If you have full coverage insurance, receiving compensation shouldn’t be too much of an issue. However, if you only carry the state’s minimum liability auto insurance you’re probably covering your damages out of your pocket.
Examples of When Modified Comparative Negligence May Apply
Modified comparative negligence rules cover just about all types of personal injury claims. Some examples of when the rule can apply are:
- One driver makes a legal turn without using their blinker and another driver tailgates the lead vehicle resulting in a collision. Both drivers are at fault for the accident.
- A customer in a restaurant is texting on their phone when they slip and fall on an unmarked spill. If the customer had been paying attention, they may have been able to avoid the spill.
- A pedestrian tries to cross the road without warning and is hit by a speeding vehicle. The accident may have been avoidable if both parties were following basic traffic laws.
These are only a few examples of when modified comparative negligence can come into play.
How Oklahoma Determines Accident Fault
Knowing who is responsible for assigned blame after an accident can be crucial for proceeding with a personal injury claim. A few parties can assign blame and this can add to the confusion.
Often, the responding authorities assign blame. You can usually find the details in your official accident report. The insurance adjuster may also inspect the accident scene and review incident details to assign fault to one or more parties. If you’re a little leery of letting an insurance adjuster decide if you’re the at-fault party, you’re not alone.
Remember, insurance companies can use a host of tactics to try and reduce a claim’s value. This can include assigning more blame to the individual pursuing an accident claim. While not exactly illegal, the practice is slightly unethical.
So, what can you do if you feel like you’re assigned more than your fair share of the blame? You can partner with an experienced personal injury attorney and file an appeal in civil court.
Filing an appeal in civil court will temporarily stop the claim process. Don’t worry about the statute of limitations running out while the court determines fault. The statute is met when you initiate the personal injury claim. If you’re wondering how long you have to file an injury claim in Oklahoma, the Sooner state gives you two years from the date the accident occurs.
After reviewing the evidence from the accident, the court will make a final decision on your percentage of blame. The court can decide to either reduce or keep the percentage the same.
Protect Your Oklahoma Traffic Accident Claim by Partnering with an Injury Lawyer
Navigating the Sooner State’s insurance law can be complex, especially if you’re partially at fault. Protecting the value of your accident claim can quickly become a priority. Working with an experienced Oklahoma traffic accident attorney can help ensure you receive fair compensation for your car collision.
Please follow and like us: