When you’re hurt in a car accident, you expect the at-fault driver’s insurance company to pay for your medical bills, vehicle repairs, and other losses. But then the letter comes, and they’re blaming you!
You’re already juggling pain, mounting expenses, and the stress of recovery, and now the insurer says you were partly, or even primarily, responsible for the crash.
It’s not just frustrating. That accusation could slash your settlement by thousands of dollars or wipe it out entirely. That’s why working with experienced Oklahoma City car accident attorneys and understanding how fault is determined are so important.
With the proper evidence, you can challenge the insurer’s version of events and fight for the compensation you deserve.
Understanding Oklahoma’s Modified Comparative Fault System
Oklahoma uses a modified comparative fault system in personal injury cases. This means that your compensation depends on your percentage of fault for the accident.
Here’s how it works:
- If you are 50% or less at fault, you can still recover compensation, but your percentage of fault will reduce it.
- You cannot recover compensation if you are more than 50% at fault.
For example, if you were awarded $100,000 but were found 20% at fault, you would only receive $80,000. However, you’d receive nothing if you were found 51% at fault.
Challenging an unfair fault assignment is essential because even a few percentage points can make a huge difference in your payout or determine whether you recover anything.
Why Fault Determinations Are Often Wrong
Insurance companies have a financial incentive to blame you for the crash. The more fault they can assign to you, the less they have to pay, and if they push you over the 50% mark, they don’t have to pay anything.
Common reasons fault assessments are inaccurate include:
- Incomplete Investigations: Insurers may rely solely on the police report without gathering additional evidence.
- Misinterpretation of Evidence: They may twist facts, like skid marks or vehicle damage, to make you appear more responsible.
- Ignoring Key details: Witness statements, traffic camera footage, or road conditions might be overlooked.
Never accept the insurance company’s first determination without legal review.
How a Lawyer Can Help Reduce Your Fault Percentage
Reducing your assigned level of fault means proving the truth with solid evidence. A skilled car accident attorney can do just that by:
- Investigating the Crash Thoroughly: Your lawyer can collect traffic camera footage, photographs from the scene, and data from vehicle black boxes to reconstruct what really happened.
- Interviewing Witnesses: Eyewitness accounts often contradict the insurer’s version of events and support your claim.
- Working With Accident Reconstruction Experts: These specialists can provide a detailed analysis showing that the other driver’s negligence was the primary cause.
- Challenging Inaccurate Police Reports: If errors exist in the official record, your attorney can provide additional evidence to correct them.
- Negotiating Aggressively: A lawyer knows how to present evidence to insurance adjusters in a way that persuades them to reconsider their fault determination.
The right legal strategy can turn weak or overlooked evidence into powerful proof that shifts liability in your favor.
Why Reducing Fault Can Dramatically Increase Your Compensation
Lowering your fault percentage isn’t just about fairness but also money. Even a small change can mean thousands of dollars more in compensation.
For instance, if your damages total $200,000:
- At 30% fault, you’d receive $140,000.
- At 10% fault, you’d receive $180,000.
That’s a $40,000 difference, simply by proving you were less responsible for the crash. And if your attorney can reduce your fault from just over 50% to just under, it could mean the difference between receiving nothing and receiving full compensation.
Let Parrish DeVaughn Fight for the Compensation You Deserve
You shouldn’t have to pay the price for an unfair or inaccurate fault determination. Our Oklahoma City car accident attorneys know how to challenge insurers, gather the evidence to prove your case, and fight for every dollar you’re entitled to.
Don’t let the insurance company’s version of events go unchallenged. Every day you wait, evidence can disappear, and your negotiating power may weaken. Contact us today for a free consultation and build a stronger case for the money you deserve.
