Oklahoma follows a modified comparative negligence rule when multiple parties share responsibility for an accident. Under this rule, each party is assigned a percentage of fault. If you’re found to be more than 50% to blame, you lose the right to seek compensation from the other party. If you’re less than 50% responsible, you may be entitled to compensation, but it will be reduced by your degree of fault.
Insurance companies often rely on crash reports, photos, witness statements and even expert opinions to determine each driver’s amount of fault. However, they don’t always get it right, which can leave you bearing more blame than necessary. Fortunately, you’re not stuck with their judgment.
You can push back against inaccurate findings
If you believe the fault assigned to you after a crash is inaccurate, you don’t have to accept it without question. Start by reviewing the evidence against you. Insurance adjusters may have overlooked or misunderstood crucial details, and pointing that out can help your position during negotiations.
You can also submit new evidence, such as dashcam footage or statements from witnesses who weren’t initially contacted. Bringing in an accident reconstruction expert can also help clarify how the accident occurred or identify any inconsistencies in the original findings.
What if you hit a dead end with the insurance company?
You still have options if the insurer won’t reconsider even after you’ve presented your evidences. For instance, you can take the matter to court, where a judge or jury will make an independent determination about who was at fault and to what extent based on the available evidence.
Having experienced guidance can make all the difference when challenging an unfair fault determination. With the right support, it becomes easier to navigate the complexities of such cases and present a strong case that improves your chances of a favorable outcome.