When you are involved in a severe auto accident in Oklahoma, it can be difficult to think about anything except the pain and suffering from the injury. However, it is important to think about filing an auto accident claim. Under Oklahoma law, our state is an at-fault state when it comes to filing a claim with an auto insurance company. This means that drivers who cause car crashes can be liable for the victim’s losses. This also means that you have a few different options when it comes to filing a claim for compensation. We will discuss those with you here.

Filing an Auto Accident Insurance Claim

After a debilitating auto accident, the first step is often filing an insurance claim. Since Oklahoma is an at-fault state, you generally have two different options for filing your claim, and there are pros and cons to each:

  • First-party claim: This is a claim that you file through your own insurance company. This means that you will be required to pay your deductible, and you will need to deal with any changes to your premium rates. Those are some of the limitations of a first-party claim. However, there are also benefits. When you file a first-party claim, you may be eligible to receive more compensation than you otherwise would from the at-fault party’s insurance company. We will say more about that shortly. In addition, the claims process might go more quickly.
  • Third-party claim: This is a claim that you file through the at-fault party’s insurance company. The primary limitations to filing a third-party claim involve compensation limits, as well as a potentially lengthy claims process. The benefits are that you are not responsible for paying a deductible through your own insurance company in order to receive compensation.

Why would a third-party claim fail to provide full compensation? In short, the minimum auto insurance requirements in Oklahoma are as follows:

  • $25,000 liability for one person in a single accident;
  • $50,000 liability for two or more people in a single accident; and
  • $25,000 in property damage.

When an at-fault driver causes an accident that results in greater losses than the insurance covers, the injury victim can be extremely limited in terms of compensation. In such cases, the injury victim may be able to file a lawsuit.

Auto Accident Lawsuits to Seek Compensation

If an insurance settlement does not offer full compensation, or if the at-fault party’s insurance limits prevent full compensation, the injury victim may be able to file a car accident lawsuit. The statute of limitations in personal injury cases is two years. As such, you must file your case within two years from the date of the accident in order to be eligible for financial compensation. 

An Oklahoma auto accident lawyer can help. Contact Lobaugh Law for more information.