Insurance companies are businesses, and businesses stay open by making money. These companies make their money through collecting premiums from their clients, not by paying out sizable claims to their clients who have been injured. Due to this, if you have been injured in an accident due to no fault of your own, it may be a challenge to have your claim approved by the at-fault party's insurer.
One of the most common things insurance companies do to protect their profit is to search for ways to prove that you were partially liable for your accident. This in return disproves their client’s liability, which means limiting the amount they payout.
Your Duty as a Driver in Oklahoma
Any time you step behind the wheel and take to the Oklahoma roadways you owe others a duty of care to properly follow traffic laws, along with doing your best to operate your vehicle in a reasonably safe way.
Duty of care - A duty anyone who steps behind the wheel owes to others to take reasonable care to avoid causing damage or injuries to others sharing the road with you.
If you’ve been injured in an accident caused by a negligent driver, you will have to prove that this duty of care was breached and is directly the reason for your accident and injuries. This is where insurance companies may try to combat your claim and prove that their client wasn’t responsible for your injuries.
The insurance company may attempt to claim that their client was outright not at fault for the accident. This is most commonly seen in accidents where there were no written police reports, witnesses, or in accidents that occurred late at night. These cases often require going to trial, which is where the help of a trusted Tulsa accident attorney will prove to be beneficial in helping you seek the compensation you need.
They may attempt to prove that you were also partially at fault for the accident. They will do this because Oklahoma operates off of the comparative fault system. This means that you are still able to recover damages in an accident in which you are up to 50% at fault. For example, if the insurer proves that you were going over the speed limit and are 40% at fault for your accident, you will still receive compensation. However, the amount you receive will be reduced by the percentage in which you are at fault.
They may pawn the liability off on a third party. This is often done once the insurer has already exhausted the previous options, and they know their client is going to end up being partially responsible for the accident. They may attempt to blame a third party stating things such as:
The road was improperly lit
The stop sign was hidden
There are large potholes
The road was flooded
As you can see, these statements attempt to blame the city instead of themselves.
They may attempt to downplay your injuries. It’s extremely common for insurance companies to claim that your injuries are much less than they are in an attempt to avoid paying out high settlements. Situations like these are why it’s important to seek proper medical attention and keep your medical records following an accident.
Aizenman Law Group Can Help
To combat the tactics large insurance companies often use, it’s essential to seek the legal counsel of an experienced Tulsa personal injury attorney. At Aizenman Law Group, our team has been dealing with these insurance companies for many years, and they have seen all the tricks they have to offer. We work with our clients from injury to recovery to ensure they receive the proper compensation needed to return to their healthy lives.
Don’t let the insurance companies take advantage of your rights and well-being, contact us today (918) 215-8856 to learn how we can help over a free consultation.