Various insurance policies and the civil court system make it possible for people who get hurt through no fault of their own to get money for their injury-related expenses. But for some people, the things they do and don’t do in the minutes, hours, and days after their injuries end up making them ineligible to receive any compensation, whether it’s from their insurance policies or the policies of the people who hurt them.
Many missteps can cause claims to be rejected or to make victims ineligible for settlements, but these three mistakes are among the most common and most impactful.
Waiting Too Long to File a Claim
The biggest pitfall for getting compensation after an injury is waiting too long to take legal action. Oklahoma’s statute of limitations for personal injury claims is two years from the date they occurred. Once those 24 months are up, you can’t get any compensation, regardless of how much evidence there is that shows the other person or party was liable for your injuries.
Waiting too long also puts your claim in jeopardy because evidence may disappear, witnesses may be more difficult to track down, and the insurance company may become more skeptical of your claim. The more time that passes between the date of your injury and the date of your claim, the stronger the insurance company’s argument will be that your injury occurred at a different time and under different circumstances.
Admitting You’re at Fault for Your Injury
After an injury, you may have a few conversations concerning what happened. Whether you’re speaking with a police officer, a property owner/manager, another driver, or an insurance adjuster, you should never admit fault for your accident or injury. Admitting fault can make it difficult or impossible to get compensation, even if evidence later shows you didn’t cause or contribute to your accident or injury.
When questioned, stick to the facts of what happened and never speculate. Even admitting partial fault can torpedo your chances of getting a settlement, as the insurance company will pounce on the slightest admission of fault and refuse to pay you the money you’re owed.
Lying About the Severity, Extent, or Origin of Your Injuries
From the moment you’re first treated by emergency responders or by your doctor, you need to be completely honest about your injuries. Never exaggerate or even downplay their severity. If the insurance company can prove that you weren’t truthful about your injuries, it won’t hesitate to reject your claim.
It’s also important to be upfront about pre-existing injuries that were aggravated by your accident. Some victims are hesitant to admit their injuries were caused previously, but failing to disclose this information often backfires, as insurance companies are known to dig through claimants’ medical files to find out if their injuries were previously diagnosed or treated.
We’re Here to Take Your Call 24/7
Although you can remain eligible to get compensation after an injury without a lawyer on your side, actually winning your claim is a different story altogether. Insurance companies have the art of reducing and rejecting claims down to a science, especially when they know they’re dealing with injured victims who have no previous experience with personal injury claims.
Between recovering from your injuries and getting back to work, you have enough on your plate already. Let the Oklahoma City personal injury lawyers at Parrish DeVaughn protect you from missteps that can harm your claim and an insurance company that wants nothing more than to pay you as little as possible. Contact us today for a free consultation. We’re ready to put our experience to work for you and your loved ones.
After a car crash that wasn’t your fault, you may be able to get money from the at-fault driver’s insurance policy by filing a compensation claim. That’s because Oklahoma is considered an “at-fault” state, which means that the person who caused the crash has to pay for any damages (typically through their insurance coverage).
Most insurance companies require drivers to report any crash to them within a certain time frame of it happening. If you’re banking on having your medical bills and lost wages paid through the other driver’s insurance policy, you may feel like there’s no need to report the crash to your own auto insurance provider—especially if you weren’t at fault. But failing to do so can have several undesirable consequences.
Your Rates Could Increase Significantly
Although insurance companies don’t always raise rates for drivers who are involved in crashes that weren’t their fault, some do. This increase is typically minimal and around 10%.
However, if you don’t report the crash to your insurer on time and they find out about it anyway, your rates may increase more than they would have—or your policy may be canceled altogether due to you violating your contract.
You Won’t Be Eligible for Supplemental Coverage
There are many underinsured and uninsured drivers roaming Oklahoma’s highways. If one of them causes a crash that injures you, you’ll need to pursue compensation through your own uninsured/underinsured motorist policy, if you purchased one. However, if you fail to report your accident to your insurance company on time, you may be ineligible for that money, regardless of how much coverage you purchased.
MedPay coverage can also kick in to help pay some of your accident-related expenses after a crash. Unlike uninsured/underinsured motorist coverage, it can be used to pay accident-related medical expenses regardless of how much money you’re getting from the other driver or even if you were at fault for the crash. But as with uninsured/underinsured motorist coverage, you can’t access this policy if you fail to report the crash during the allotted time.
You May Get Sued by the Other Driver
Crashes often go unreported because both drivers decide to forgo getting their insurers involved, or they decide on a “gentleman’s agreement” where they will handle any damages and expenses on their own. Attempting this strategy to avoid premium increases or other possible insurance-related consequences is a bad idea.
That’s because the other driver may suddenly renege on their words at the crash scene and start blaming you for the crash. They also may suddenly claim to have suffered serious injuries or claim that damage to their vehicle was caused by you during the accident.
If the other driver sues you and your insurance company didn’t know the crash happened until the lawsuit is underway, your policy may be dropped and you may face paying the other driver out of pocket if their claim is successful.
What Is the Time Limit for Reporting a Crash?
The time limit for reporting a crash to police in Oklahoma is “immediately!” That means you shouldn’t leave the crash scene without notifying police, waiting for them to arrive, and either leaving in an ambulance if you’re seriously injured or being told by police that you’re cleared to leave.
The time limit for reporting a crash to your insurance provider varies from provider to provider and policy to policy, but typically, the deadline is around 30 days. However, the sooner you report the crash, the better, especially if the other driver attempts to file an injury claim against you, or if you need to tap into your policy to access supplemental coverage.
The time limit for filing a personal injury lawsuit after a car crash in Oklahoma is two years from the date it occurred.
Are There Situations Where You Don’t Have to Report a Crash?
Yes. Minor auto accidents that don’t damage another vehicle or person’s property don’t have to be reported to your insurance company. For example, if you back into a fence on your property and cause only minor scratches to it or your vehicle—or no damage at all—there’s no need to report it to your insurance company, as the damage isn’t significant and doesn’t impact anyone else.
We Make Insurance Companies Do the Right Thing After Accidents
After a crash, you may think that the other driver’s insurance company is the one that will cause headaches. But even though you pay monthly premiums to your auto insurance company and may have been a loyal customer for years, there’s still a good chance they will reduce or deny you benefits, too!
Too often, innocent victims are left holding the bag after crashes because both drivers’ auto insurers get greedy and don’t hold up their end of the deal. That’s where we come in. At Parrish DeVaughn Injury Lawyers, our Oklahoma City car accident attorneys will work hard to get you paid fair and square, whether your claim is solely through the at-fault driver’s insurance or your own.
Contact us today for a free consultation.
Insurance companies spend a lot of money trying to convince the general public that they care about their customers and are more than ready to pay when you finally need them. But at the same time, those insurance companies report huge profits year after year. How is it possible for those companies to be so profitable if they’re generously giving their customers big checks for every accident and injury they suffer?
Simple answer: they aren’t writing big checks. Insurance companies are hugely profitable because they don’t pay all of their policyholders the money they’re supposed to receive. In fact, insurers have teams of employees called adjusters whose primary job is to find ways to reduce or deny legitimate claims. The result is that countless people in Oklahoma and throughout the U.S. pay thousands of dollars in insurance premiums and monthly rates, only to have those companies turn their backs on them when they need them the most.
Here’s How Insurance Companies Get Away With Not Paying Fair Settlements
Insurance companies have been around for a long time. They’ve perfected methods of protecting their profits at all costs, and it typically happens at the expense of their own customers. Here’s how they do it:
- They offer “lowball” settlements right away—Adjusters know that people need money immediately after car accidents and personal injuries. And when people are facing big medical bills and weeks or months away from work, they’re in desperate need for money immediately. When insurance companies know they may be on the hook for a big settlement, they’ll instead offer a much lower settlement right away and with no hassle. And when injured victims accept, they forfeit their rights to pursue additional compensation, even when the initial offer runs out way too soon.
- They use loopholes and legalese to their advantage—Signing insurance papers when you initially purchase a policy can be a labor-intensive and intimidating process. Unless you have a lawyer by your side, you may not understand exactly what you’re reading. But when you sign on the dotted line, you’re bound by those terms and conditions, many of which come as a complete surprise when you decide to file a claim. A single line or phrase in your insurance documentation can make you ineligible for a single penny after an accident or injury.
- They twist victims’ words against them—Talking to the insurance company on the phone or via email is often a trap. Adjusters are trained to act friendly and helpful, but in reality, they’re often mining for potentially incriminating statements that can be used against you. The more you talk to the insurance company, the more likely it is that they’ll find something, even if they must take it out of context, to make your claim to a settlement null and void.
- They deny liability—When evidence is circumstantial or somewhat lacking, or when there’s dispute over who is at fault, insurance companies representing the injury-causing parties may flatly deny that their clients were at fault for accidents and injuries. By doing so, they leave the burden of proof up to injured victims. That can make it extremely difficult or even impossible for many victims to get compensation on their own, as they find themselves going up against a brick wall of adjusters, lawyers, and corporate bureaucracy.
- They stalk victims to gather “incriminating” evidence—A sticking point for many injury claims is the seriousness of the injuries themselves. If an insurance company believes that a victim is exaggerating or falsifying their injuries, they will deny their claim outright. That leads to some insurers going overboard to find “evidence” that proves injuries aren’t as serious as victims claim. For example, they may scour victims’ social media to find pictures or status updates that indicate physical activity, or they may even drive by their homes hoping to see them doing yardwork or other activities.
- They ignore victims—If you’ve ever needed to call a big corporation for help, whether it was to rebook an airline ticket or get a refund, you know how helpless you can feel when you can’t get through to a human or get anyone to call you back. Insurance companies know this is a frustrating experience for accident victims, too, and they use it to their advantage. Simply put—they often hope that potential claimants will get frustrated and give up on getting compensation for their injury-related expenses.
These are just a few of the tactics insurance companies use to protect their profits. But one thing all of those tactics have in common is that they’re all well-known and easily overcome by experienced lawyers.
Don’t Fall Victim to a Greedy Insurance Company That Doesn’t Live Up to Its Duty
Whether you’re pursuing a claim against your own insurance company or the insurance company of someone who injured you, it’s essential to have a team of Oklahoma personal injury lawyers on your side from day one. Insurance companies feel confident when they know they’re going up against an individual, but they dread going up against injured victims who have the backing of an experienced law firm like Parrish DeVaughn.
We don’t let insurance companies get away with ignoring, manipulating, or taking advantage of our clients, and we won’t let it happen to you, either. Contact us today for a free consultation. It’s our goal to get you every penny you deserve.
If you were injured in an accident that wasn’t your fault, you’re facing medical bills and time away from work. There’s plenty of evidence to prove that someone else’s negligence caused your injuries—so why is getting fair compensation from the insurance company so difficult?
Unfortunately, insurance companies are in business to make money, which means they look for ways to pay claimants as little as possible. In fact, they have teams of adjusters whose sole job is to find ways to reduce or deny otherwise valid claims.
Insurance companies often use the following tactics to try to avoid paying you the money you deserve:
- Getting you to accept a lowball offer—The insurance company may offer you a seemingly substantial settlement before you understand the true cost of your accident-related expenses. Accepting their initial offer may prevent you from pursuing additional compensation.
- Doubting the extent or severity of your injuries—Even if you received medical treatment shortly after your accident, the insurance company may believe that you weren’t treated quickly enough and assume that your injuries aren’t that serious.
- Using your own words against you—Whether it’s a social media post about your injuries, an admission to the adjuster that you may have been partially at fault for the accident, or a conversation about previous similar injuries, your own words and statements may be used against you.
At Parrish DeVaughn Injury Lawyers, we don’t think it’s right when insurance companies take advantage of victims like you. We’re familiar with their tricks and tactics, but it’s our goal to negotiate on your behalf to get you the compensation you deserve.
Serving Oklahoma Injury Victims
After an accident or injury, you don’t have to settle for the insurance company’s unfair settlement offer. Get an Oklahoma injury lawyer at Parrish DeVaughn on your side, and let us fight for the compensation you deserve. Contact us today for a free consultation.
Getting hurt or developing an illness while you’re on the job can be devastating to you and your family, especially if you become disabled and are unable to work for an extended period of time. Thankfully, Oklahoma has a workers’ compensation system that’s designed to help workers like you whose health prevents them from returning to their jobs for the foreseeable future.
But just because the system exists doesn’t mean it’s readily accessible to those who need it. In fact, getting approval for benefits by the Oklahoma Workers Compensation Commission is difficult. Many first-time claimants are denied, even if they suffered serious injuries or illnesses at work and they have the documentation to prove it. Many people who are denied workers’ compensation benefits simply give up, putting their finances and even their families’ futures in jeopardy.
We Know Workers’ Compensation Claims and Appeals
The Oklahoma Workers Compensation Commission uses strict criteria when approving claims. One misstep, mistake, or oversight can result in an otherwise valid claim being rejected. At Parrish DeVaughn, our Oklahoma City workers’ compensation lawyers are ready to help you maximize your chances of getting your appeal approved.
We know the ins and outs of the process that the commission uses to approve or reject claims, and we know what it takes to get injured or sick workers like you the benefits they deserve. Don’t leave your claim, your appeal, and your future up to chance. Call us today and get our experienced and dedicated legal team on your side.
Pursuing an injury claim can be very stressful. As your medical bills pile up, and you find yourself having difficulty making ends meet, you really need the compensation to which you’re entitled. But it gets worse when the insurance company comes back and refuses to pay out for whatever reason.
The good news is, you still have options, even in the face of a denial. Read what to do if your personal injury claim is denied by your insurance company, and how a Tulsa personal injury lawyer can help you get compensation.
Review Your Denial
The first step is to very carefully review the denial you received from the insurance company. Note their reasons for denial, and even more importantly, note the exact language they used for those reasons. This language will be an important clue to get to the bottom of the problem, and whether or not it’s legit.
Review Your Policy
Next, carefully review your insurance policy. This can be somewhat ponderous as many policies can be many pages full of fine print. The first place you want to look, however, is under the exclusions section. Compare the language in the denial to the exclusions listed and see if they match. Many policies have express situations or conditions which are excluded from coverage.
Challenging the Denial
If there is anything in your policy or the denial itself that is unclear, mistaken or erroneous, or outright false, you can write a letter to the insurer challenging the denial. Ask them to clarify, in concrete terms, anything that seems a bit gray. Point out any errors or falsehoods. Be concise, but detailed. Try to keep a factual air about it. Don’t get emotional or accusatory.
Breach of Contract or Bad Faith
The two most common forms of legal action filed against insurance companies are a breach of contract and bad faith. In breach of contract, you are alleging that the insurance company has failed to abide by the terms of your agreement with them by unfairly denying your claim.
In bad faith, the insurance company has failed in a duty that it owes you to provide reasonable and fair treatment. If they knowingly deny a claim that is clearly valid, or if they refuse or fail to investigate your claim before denying it, that can be considered bad faith.
In both situations, you may be able to get not only your original claim covered, but additional damages suffered as a result of the denial.
Calling a Tulsa Personal Injury Lawyer
Many policies have a clause that requires the use of a dispute resolution method such as arbitration or mediation to resolve disagreements. This is a positive thing, as it helps to avoid expensive and painful court cases and will force the insurance company to view you as a person rather than a name or number on a page.
However, before going toe-to-toe with an insurance company, who have experienced attorneys on their side, you should have an experienced Tulsa personal injury lawyer on yours. At Parrish DeVaughn, we have dealt with difficult insurance companies for years, and we will fight to get you the compensation you deserve. Give us a call for a no-cost discussion and evaluation of your case today.
