After a rideshare accident, your first challenge from home is figuring out which insurance policy is responsible for your injuries and losses. The answer depends on the driver’s status in the app at the exact moment of the crash, creating a confusing situation of overlapping coverage between their personal policy and the rideshare company’s commercial insurance.
Figuring this out is not your burden to bear while you recover. Our Oklahoma car accident lawyer is here to manage these legal hurdles for you. If you were injured in a rideshare accident, call Carr & Carr Injury Attorneys for a free consultation at (405) 691-1600.
Filing a car accident claim begins with notifying the at-fault party’s insurance carrier and methodically documenting your injuries and financial losses. This process is governed by strict legal deadlines, including Oklahoma’s two-year statute of limitations for filing a personal injury lawsuit. Missing this window likely means forfeiting your right to compensation entirely.
The landscape for these claims is changing. With the average age of U.S. vehicles hitting a record 12.6 years, cars are more likely to be declared a total loss after a collision. At the same time, increasingly complex vehicle technology is driving up the severity and cost of the average claim.
This means insurers scrutinize claims more carefully, looking for reasons to reduce or deny them. They are protecting their bottom line, and their process is not necessarily designed to make your life easier.
You should not have to figure this out while you are trying to heal. Your energy is better spent on your recovery; let an experienced Oklahoma car accident lawyer handle the paperwork, the phone calls, and the intricate process of building a compelling claim.
Even if you feel you only have minor aches, see a doctor right away. Some serious injuries, like whiplash, traumatic brain injuries, or internal bleeding, may not present symptoms for hours or even days. The adrenaline from the accident masks significant pain you might not realize is there until it wears off.
This medical visit does two things.
First and foremost, it prioritizes your health and gets you on the path to recovery.
Second, it creates the first official record linking your injuries to the exact date of the accident. Without this timely medical documentation, an insurance company might argue that your injuries are unrelated to the crash or happened at a later time.
Organize Your Initial Information
In the days following the accident, begin to gather everything you have into a single, dedicated folder or digital file. This initial collection of documents is the starting point from which a strong claim is built. It does not need to be perfect, but it should be organized.
Your file should include:
The other driver’s name and insurance information. This is the most fundamental piece of information you need to initiate the claims process.
The police report number. You can typically obtain a copy of the full report a few days after the accident. Think of the police report as a first draft of the story; it’s a useful starting point but it sometimes contains errors or omissions that need clarification later.
Any photos or videos you took. Visual evidence is powerful. Include any pictures of the accident scene, the damage to all vehicles involved, and any visible injuries you sustained, like cuts, bruises, or swelling.
The First Phone Calls: How to Speak with Insurance Companies
Soon after the accident, your phone will likely start ringing. The calls you make, and the ones you receive, are pivotal moments in your claim. Knowing what to say—and what not to say—can protect you from common pitfalls that insurance adjusters may use to weaken your position.
Talking to the At-Fault Driver’s Insurer
You will likely get a call from the other driver’s insurance adjuster very quickly, sometimes within a day or two. It is important to remember their role. The adjuster is an employee of the insurance company, and their job, put simply, is to save their company money by minimizing your claim’s value.
What to Do:
Provide basic facts only: You can confirm your name, address, phone number, and the date and location of the crash. Stick to what is verifiable and public.
State you are getting medical treatment: If asked about injuries, you can simply say, “I am currently under a doctor’s care.” This is truthful and complete without offering details that can be misconstrued.
What to Avoid:
Do not give a recorded statement. You are not legally obligated to provide a recorded statement to the other party’s insurer. Adjusters are trained to ask questions that might elicit responses they can use to find inconsistencies in your story later. It is best to decline politely.
Do not discuss injury details. Avoid downplaying your injuries by saying “I’m fine” or “I’m just a little sore.” Likewise, avoid diagnosing yourself. Instead of saying “I think I have whiplash,” just state that you are injured and seeking medical care.
Do not accept a quick settlement offer. An early offer is a financial mirage. It seems like welcome relief when bills are piling up, but it almost never covers the full, long-term cost of an accident. You may not know the full extent of your injuries or the need for future treatment. Accepting it closes your claim for good.
Notifying Your Own Insurance Company
You have a contractual duty to inform your own insurer about the accident in a timely manner, even if you were not at fault. This is a requirement of your policy, and failing to do so could jeopardize your coverage.
This notification is also necessary to access certain coverages you pay for as part of your premium. These provide immediate help long before a settlement is reached:
Medical Payments (MedPay) Coverage: This coverage helps pay your initial medical bills up to your policy limit, regardless of who was at fault for the accident. It acts as a form of emergency financial first aid for your healthcare costs.
Uninsured/Underinsured Motorist (UM/UIM) Coverage: This becomes your safety net if the at-fault driver has no insurance or not enough insurance to cover the full extent of your damages. In Oklahoma, where many drivers are unfortunately uninsured, this coverage just might be your only option in many of these cases.
Gathering the Evidence That Defines Your Claim
At Carr & Carr, we work to fill the evidence boxes that justify the true value of your claim, leaving no detail overlooked.
Medical Records: The Bedrock of Your Injury Claim
A complete medical file is the bedrock of any personal injury claim. It should be a comprehensive story of your physical recovery, including every diagnosis, treatment plan, physical therapy session, prescription medication, and any doctor’s recommendations for future care.
These records create an undeniable, chronological link between the accident and the pain, suffering, and financial costs you are experiencing.
Lost Income: More Than Just Pay Stubs
We will help you meticulously document every dollar of lost income. This includes not only your base salary or hourly pay but also any missed overtime opportunities, lost commissions or bonuses, or the vacation and sick days you were forced to use up during your recovery.
For individuals who are self-employed, work on commission, or have fluctuating incomes, this process is more complicated. It may involve a thorough review of past tax returns, profit and loss statements, and business records to build a complete and accurate picture of how the accident has affected your ability to earn a living.
Property Damage: Repair, Replacement, and Diminished Value
With the rising frequency of total loss declarations, understanding what you are owed for your vehicle is more important than ever. You are entitled to be made whole, and we ensure that happens.
We will pursue compensation for either the full and proper repair of your vehicle or its fair market replacement value if it is deemed a total loss. This value should be based on what a similar vehicle would cost in your local market right before the crash occurred.
Furthermore, we can pursue a “diminished value” claim. Even after a car is expertly repaired, it carries an accident history that reduces its resale value. A diminished value claim is designed to compensate you for this specific financial loss.
How Is the Value of a Car Accident Claim Calculated?
A settlement is a carefully calculated amount designed to compensate you for specific, identifiable losses you have suffered because of someone else’s negligence. These losses, legally referred to as “damages,” fall into two main categories.
Economic Damages: The Tangible Costs
These are the black-and-white numbers that we document with invoices, receipts, and bills. Examples of economic damages include:
All past and future medical expenses: This covers everything from the initial ambulance ride and hospital stay to future surgeries, physical therapy, and prescription costs.
Lost wages and future earning capacity: Compensation for the income you have already lost and for the impact the injury may have on your ability to earn money in the future.
Vehicle repair or replacement costs: The cost to fix your car or, if it’s a total loss, its fair market value.
Other out-of-pocket expenses: This might include costs for things like rental cars, transportation to doctor’s appointments, or necessary modifications to your home.
Non-Economic Damages: The Human Cost
This is compensation for how the accident has rewritten aspects of your daily life. These damages are harder to calculate because they do not come with an invoice, but they are just as real and often more significant than the economic losses.
Examples of non-economic damages include:
Physical pain and suffering: This accounts for the physical discomfort, from the acute pain after the crash to the chronic pain that flares up on a cold morning.
Emotional distress: Compensation for the anxiety, fear, depression, and sleep disturbances that frequently follow a traumatic event.
Loss of enjoyment of life: This addresses the inability to participate in hobbies, play with your children, engage in social activities, or simply live your life without pain and limitations.
How Oklahoma Law Affects Your Recovery
Oklahoma uses a legal doctrine called modified comparative fault to determine how compensation is awarded when more than one party might be partially to blame for an accident.
In simple terms, this means your final compensation award can be reduced by whatever percentage of fault is assigned to you. For instance, if you are awarded $100,000 in damages but are found to be 25% at fault for the accident, your award will be reduced by 25%, leaving you with $75,000.
If you are determined to be 51% or more at fault for the accident, Oklahoma law bars you from recovering any compensation at all. This makes it incredibly important to have an advocate who knows how to effectively challenge unfair allocations of fault by the insurance company.
From Negotiation to Lawsuit: The Path to a Resolution
1. The Demand and Negotiation Phase
Once your medical treatment is complete, or at least at a point where your doctor can provide a clear prognosis for future care, we will assemble a “demand package.” This is a comprehensive document that is sent to the insurance company. It contains all the evidence we have gathered—medical records, proof of lost income, repair estimates—along with a detailed legal argument for the specific amount of compensation you are owed.
This package officially opens negotiations. The insurance company will review our demand and respond. The process then becomes a structured back-and-forth, where we advocate on your behalf, countering their arguments with facts and evidence until a fair agreement is reached.
2. What If the Insurance Company Denies the Claim?
This is common and not something to get worried about. Insurers deny claims for various reasons.
Common reasons for denial include disputes over who was at fault, allegations that your injuries were caused by a pre-existing condition, or arguments that you were not hurt as badly as you claim. We are prepared to counter these arguments with the evidence we have compiled, expert opinions, and sound legal reasoning.
3. When a Lawsuit Becomes Necessary
Thankfully, the vast majority of car accident cases are settled out of court. However, if the insurance company refuses to negotiate in good faith or will not offer a settlement that fairly covers your losses, filing a lawsuit is the necessary next step to protect your rights.
This does not mean you are automatically going to a trial. Filing a formal lawsuit simply initiates the “litigation” phase of the process. This phase gives us access to powerful legal tools, such as depositions (sworn testimony from the other driver and witnesses), to gather more evidence. In many cases, just the act of filing the suit and demonstrating that we are prepared to go to trial is the catalyst that convinces the insurer to return to the negotiating table with a serious offer.
Frequently Asked Questions About Car Accident Claims
How long do I really have to file a car accident claim in Oklahoma?
For personal injuries, you have two years from the date of the accident to file a lawsuit. For claims involving only property damage, the deadline is also two years. While this may seem like a long time, valuable evidence degrades shortly after, and witness memories fade quickly. It is always best to begin the process much sooner.
What if the driver who hit me has no insurance?
This is precisely where your Uninsured Motorist (UM) coverage applies. It is a part of your own auto insurance policy designed for this exact situation. We’ll help you file a claim with your own insurance company under your UM policy to cover your medical bills, lost wages, and pain and suffering, up to your policy limits.
Do I have to pay my medical bills while I wait for a settlement?
Technically, you remain responsible for your medical bills as you receive them. However, we can sometimes help manage this by sending a “letter of protection” to your medical providers. This is a formal agreement that lets them know you have a pending legal claim and assures them that their bills will be paid out of the future settlement or judgment. This prevents your accounts from going to collections while your case is ongoing.
Will my insurance rates go up if I file a claim for an accident that wasn’t my fault?
In Oklahoma, it is illegal for an insurance company to raise your rates or penalize you for filing a claim when you were not at fault. This protection applies to claims made under your UM/UIM coverage or your MedPay coverage.
What if a government vehicle was involved in my accident?
Claims against government entities in Oklahoma are subject to the Governmental Tort Claims Act. This law imposes much shorter and stricter notice deadlines. In most cases, a formal notice of your claim must be filed with the correct government agency within one year of the accident.
How much does it cost to hire a car accident attorney?
We handle personal injury cases on a contingency fee basis. This is a simple arrangement that means you pay no upfront costs or out-of-pocket attorney’s fees. Our fee is a percentage of the final settlement or award we obtain for you. We only get paid if we successfully recover compensation for you.
Your Path Forward Starts with a Conversation
You do not have to carry the burden of a complex claim process while also trying to recover from a serious injury. Let our Oklahoma personal injury lawyer and legal team help.
Let our family help yours. Call Carr & Carr Injury Attorneys today at (405) 691-1600 or contact us online to schedule a free, no-obligation consultation. We are here to listen to your story and explain how we can help.
Boxine U.S. Recalls tonies Blocks Due to Magnet Ingestion Hazard; Sold Exclusively at tonies.com
Consumers should stop using the recalled blocks with magnets immediately, take them away from children, and contact tonies for instructions on returning the recalled blocks for a full refund. Consumers can also go to https://tonies.happyreturns.com/ and choose “Blocks Return” as the reason for return. tonies will then provide the customer with a return label. After the product has been received, tonies will provide the initial form of payment with a full refund and an additional $14.99 tonies.com coupon code. tonies is also contacting all purchasers directly. The recalled products are being remotely deactivated so that they no longer function.
Tonies has received one report of the magnet detaching from the product. No injuries have been reported.
This recall involves tonies wooden blocks, with magnets inside. Only tonies Blocks Marine Life, UPC 840147407689, tonies Blocks Invention and Innovation, UPC 840147407733 and tonies Blocks Gentle Giant Dinos UPC 840147407580 are being recalled.
Each block is about 5 cm wide and 1.5 cm thick. The blocks were sold in blue, tan and green with pictures on one side of various marine life, dinosaurs, and invention and innovation, and white text on the other side, describing the picture. Blocks were sold in sets of four. Each set is packaged in a white and red cardboard box. The UPC is on the back of the box beneath the barcode.
They were sold exclusively online at tonies.com from November 2021 through December 2021 for between $15 and $20.
Recalled on March 24, 2022, number 22-736, about 4,200 units sold.
Commencal Recalls Ramones 14-Inch Kids Bicycles Due to Crash Hazard
Consumers should immediately take the recalled bikes away from children, stop using them, and contact the firm for a free repair kit. Commencal Corp. is contacting all purchasers directly by email.
This recall involves the Commencal Ramones 14-inch children’s bicycles. The single speed bicycles have handbrakes but do not have footbrakes. The bicycles were sold in multiple colors with the model year printed on the front fork leg stickers.
No incidents have been reported yet.
Sold online at www.commencalusa.com from December 2014 through March 2021 for between $230 and $320.
Recalled on March 9, 2022, number 22-735, about 925 units sold.
EGL Motor Recalls EGL and ACE-branded Youth All-Terrain Vehicles (ATVs) Due to Violations of Federal ATV Safety Standard; Risk of Serious Injury or Death
Consumers should immediately stop using the recalled ATVs and contact EGL Motor to make an appointment for a free repair from an authorized repair shop. Reflectors, headlights and a chest protector will be installed on the ATV. EGL will also repair the parking brake, speed capability and spark arrestor.
The ATVs fail to comply with the requirements of the federal mandatory ATV safety standard. The B125 ATVs exceed the maximum speed limitations for vehicles intended for children aged 10 and older. For the Madix 110, the parking brakes do not prevent the movement of the vehicle. In addition, the handlebars on both ATVs pose a laceration hazard should the rider’s body or head impact the handlebars at a high rate of speed such as in a crash. ATVs that fail to meet the mandatory safety requirements pose a risk of serious injury or death.
The recall involves EGL and ACE-branded Youth ATVs, models MADIX 110 and B125. The vehicles were sold in various colors including orange, red, blue, pink, and green and marketed for children ages 10 and older. The name of the vehicle is printed on a label located on both sides of the vehicle. The model number is stamped into the metal plate located on the left side, under the rear body. The phrase “This ATV is subject to EGL MOTOR INC’s action plan approved by U.S. Consumer Product Safety Commission” is printed on a label located under the model number plate.
No incidents have been reported yet.
Sold at AWL Distribution, BV Powersports, and other authorized dealerships nationwide from May 2020 through September 2020 for between $550 and $670.
Recalled on March 24, 2022, number 22-108, about 500 units sold.
Carr and Carr Attorneys
If you or someone you know have been injured by a dangerous or defective product, our attorneys are here to help. We are available 24/7. Call us at 866-510-0580 or contact us online for a free case consultation.
Carr and Carr Attorneys have been helping Oklahomans for almost 50 years. We live here, work here, and serve here. November 1st – 12th we are accepting nonperishable food donations at our office on SW 89th street, between Penn and Western in OKC and at our office at 44th and Harvard in Tulsa. Please bring by your donations and help our neighbors when they need us the most.
Tye H. Smith, Carr and Carr Attorney, named to the 2021 Oklahoma Super Lawyers list.
We are pleased to announce that Tye Smith, the Senior Trial Attorney and Director of Litigation at Carr & Carr Attorneys, has been selected to the 2021 Super Lawyers list. This is an exclusive list, recognizing no more than 5 percent of attorneys in the state.
Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys.
Thank you, Green Country for coming out and donating school supplies and backpacks for the “2 Works For You” and Carr and Carr’s Annual event for Project Elf.
Every year students struggle with the need for school supplies. Carr and Carr Attorneys have been a part of the Tulsa Community since 1973. We understand the need to help our students have a successful school year with being prepared with the necessary school supplies for success.
Hiring an experienced truck accident lawyer in Oklahoma is critical when pursuing a claim after a crash. Federal regulations allow trucking companies to discard key records in as little as six months, and state law sets strict deadlines that differ from standard auto accident cases. A lawyer helps you navigate the claim process, identify liable parties, uncover available insurance coverage, and ensure your case is filed before important deadlines expire.
Attorney Michael Carr joins Good Day Tulsa to talk about firearm safety and how gun owners can avoid negligent lawsuits.
From 2005 to 2010, nearly 3,800 people in the United States died from unintentional shootings. More than a third of the victims were younger than 25.
On average, people in all age groups are more
likely to die from unintentional firearm injuries when they live in states with
more guns.
Firearm negligence is a serious matter. If you’ve been involved in an accidental shooting or been injured by another person’s discharge of a firearm, the firearm negligence attorneys at Carr & Carr can help.
2 Cares for the Community’s 20th annual Food 2 Families
kicked off in front of the 2 Works for You studio in Brookside on Nov. 18th.
The Community Food Bank of Eastern Oklahoma estimates a
total of 750 pounds of food were collected on the first day.
Green Country residents can donate non-perishable food items
to the Food 2 Families drop-boxes available at all 17 Reasor’s stores until
Dec. 15.
The Green Country community helped the Food 2 Families drive
break collection records since it started 20 years ago. It is one of the top
three food drives benefiting the Community Food Bank of Eastern Oklahoma.
Denied Social Security Disability application form
From 2001 to 2010, the Social Security Administration’s data showed that denied disability claims averaged over 50 percent. Why are so many claims denied?
There are a number of reasons, but common
mistakes made on applications, like misunderstanding your condition or failure
to give the right information, can lead to denial.
Our team of SSD attorneys at Carr & Carr break down some of the most common mistakes seen on SSD applications and how they can be avoided.
If you have questions about your application or need help appealing a denied claim in Oklahoma, call (866) 510-0580 for a free consultation. You can also contact the Carr & Carr office by filling out a form online.
We are pleased to announce that Tye Smith, the Senior Trial Attorney and Director of Litigation at Carr & Carr Attorneys, has been selected to the 2020 Super Lawyers list.
This is an exclusive list, recognizing no more than 5 percent of attorneys in the state.
Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
GAP Insurance stands for Guaranteed Asset Protection Insurance.
This is insurance that can be purchased at the time you buy an automobile. which provides you with protection in the event your vehicle is totaled out in an accident. It pays any additional difference that is owed between the actual cash value of the vehicle and the balance of your loan.
This is important coverage to consider when buying a vehicle since most vehicles depreciate in value faster than the loan is paid off. New cars lose value the moment they are driven off of the sales lot, 20-30% in the first year.
Carr and Carr Attorneys at Law is excited to announce we have brought on a new attorney to our Tulsa office. We welcome Andi Clinger to our practice of personal injury and social security disability law.
With an extensive background, Andi will make an excellent
addition to the team.
Andrea Clinger was born and raised in Oklahoma. In 2002, Andi obtained her bachelor’s degree
in marketing with a minor in International Business from Oklahoma State
University.
In 2005, Andi obtained her Juris Doctor from Texas Wesleyan School of Law in Fort Worth, Texas.
In 2014, Ms. Clinger returned to Oklahoma and obtained her
license to practice law in Oklahoma.
At Carr & Carr, Andi continues focusing her knowledge and compassion for others in all types of personal injury and negligence litigation at our Midtown Tulsa personal injury office.
She is licensed to practice in all state courts in Oklahoma
and Texas and the United States Federal Courts of the Northern and Western
Districts of Oklahoma.
Please help us welcome Andi back to the Tulsa area and to Carr and Carr Attorneys at Law.
Carr and Carr Attorneys partners with “2 Works For You” and Project Elf to help with the need for school supplies for our Tulsa community.
Every year
students struggle with the need for school supplies. Carr and Carr Attorneys
have been a part of the Tulsa Community since 1973. We understand the need to
help our students have a successful school year with being prepared with the
necessary school supplies for success.
The need for help in our homeless
community is greater than ever during the Coronavirus. Unfortunately, the
Coronavirus also limits our ability to host a fun run this year while still
practicing social distancing and protecting our team and the community.
This year we will adapt to the new
circumstances and will donate $2,500 to help the Homeless Alliance buy the
essential needs they have to operate. We also want to spread the word of need
to our communities.
Consumers are surrounded
by products we rely on in our day-to-day lives.
Our vehicles get us where we need to go. We use appliances to keep our clothes, dishes, and homes clean. Some of us depend on medical devices to keep us in good health.
Unfortunately, when
these products fail, people can get injured especially if the product has been
recalled.
If you’ve suffered from an injury from a recalled product, you may be able to start a claim and receive compensation. However, product liability claims and product recalls can be complex and confusing. Read on to learn more about how the process works.
In a recent episode of Good Day Tulsa, Michael Carr from Carr & Carr talked talks about how social security disability works and when you may need the help of a Tulsa social security disability attorney.
We handle all aspects of the claims and appeals process.
The Social Security disability claims process can be difficult and confusing. There are many applications, questionnaires, and appeals forms to complete that must adhere to a strict timeline.
Failure to abide by the timeline means the claimant must start all over at the Initial stage. For someone unfamiliar with the forms, the task of completing them all can be overwhelming.
Knowing when and what appeals to file is critical to keeping your claim alive. At Carr and Carr, while we cannot file your initial application, we can manage your case from initiation to conclusion after you submit your initial application.
Carr and Carr Attorneys’ team of 40 professionals have been helping injured Oklahomans since 1973. Their commitment extends beyond the practice of law and into the community they serve.
Pat Carr has been a runner for many years completing 5 marathons. During his morning runs in downtown Tulsa, he realized the large homeless community that needs the support of our neighbors. He decided to become more involved in the assistance of groups who help the homeless.
On
Black Friday, November 29 at 8:30 a.m. Carr & Carr teamed up with Fleet
feet to cohost and race in the Turkey Trot run in downtown Tulsa. This 5k and
Fun Run were organized to help support the homeless.
Our car accident lawyers understand the distinct needs and challenges faced by injury victims, and our law firm has built a record of success spanning more than 49 years based on our legal experience and individualized dedication to our clients.
With offices in Oklahoma City, Tulsa, and northwest Arkansas, our Oklahoma City car accident lawyers are ready to help you when you need help most. We can arrange to meet you for a free, no-obligation consultation at your home, hospital room, or other convenient location.
