The journey after a car accident is not easy, not only recovering from injuries but also dealing with insurance companies and negotiating settlements. In Oklahoma City, you can ensure a fair OKC car accident settlement by understanding the many strategies used by insurers, working with insurance defense attorneys, and ways to maximize your settlement. This is a guide outlining various expert-backed tactics to effectively negotiate and avoid common mistakes.
How car accident settlements are determined in Oklahoma?
Many notable factors influence car settlement values, and knowing them can help you strengthen your case:
- Economic damages (Tangible losses)
- Medical bills (emergency care, surgeries, therapy, future treatments)
- Lost income (time off work, lowered earning capacity in case of long-term injuries or if disabled)
- Property damage (rental car costs, vehicle repairs, totaled car value)
- Non-economic damages (Intangible losses)
- Pain and suffering (physical and emotional distress)
- Permanent disability or disfigurement (long-term effect on quality of life)
- Loss of enjoyment of life (inability to participate in daily activities or hobbies)
- Comparative fault rules in Oklahoma
Oklahoma mandates a modified comparative negligence (51% bar system), meaning:
- If you are 50% or less at fault, your recovery damages will be reduced by your fault percentage.
- If you are 51% or more at fault, your scope of recovery damages is zero.
Insurance adjusters often attempt to shift fault onto victims to lower payouts, making strong and valid evidence, like dashcam footage, witness statements, or police reports, critical.
Insurance adjusters vs. Defense attorney adjusters: Key differences
When handling an OKC car accident settlement, you will likely encounter two types of opposing negotiators: insurance adjusters and insurance defense attorneys.
| Factors | Insurance adjuster | Insurance defense attorney |
| Primary motive | Tries to settle claims as quickly as possible at the lowest value. | Safeguards the insurer’s interest, minimizes payouts or denies claims |
| Authority limits | Limited (e.g., $10K to $50K), without supervisor approval. | A higher authority may negotiate a six-figure settlement in negotiations. |
| Negotiation strategies | Delays, lowball offers, and disputes over injury severity. | Aggressive denials, deposing witnesses, challenging evidence. |
| Approach to liability | May admit partial fault for speedier settlement. | May entirely deny fault unless strong evidence is provided. |
| Response to arguments | Depends on internal software (Colossus) to calculate settlement offers. | Leverages legal arguments, expert testimonies, and case law to counterclaims. |
| Settlement timing | Early resolution (before legal action). | Prolonged negotiations, if a lawsuit is filed. |
| Willingness to go to court/trial | Rarely (avoids litigation costs) | Trial preparedness if the insurer is sure to succeed. |
Note: If the adjuster refuses a higher offer, a lawsuit, in most cases, forces them to reassess for a better settlement.
How insurance companies calculate settlement offers
Insurance companies use proprietary software, such as Mitchell or Colossus, to calculate claim values. The most common method is:
Settlement offer = Economic damages + (Non-economic damages x Multiplier)
- Economic damages = Measurable costs (medical expenses, lost salary, etc).
- Multiplier = 1.5 to 5 times, based on the severity of injury (higher multiplier for surgeries, permanent disabilities).
Example:
Medical expenses = $25,000
Lost wages = $10,000
Pain and suffering (3x multiplier) = $105,000
Total demand = $140,000
However, insurers usually start with a low multiplier between 1.5 to 2x. A seasoned attorney can defend for a higher value, leveraging medical expert testimony and similar, comparable case results.
When to reject a settlement offer
Consider rejecting an unjust settlement offer if:
- Fail to consider all medical costs and future care
- Ignore lowered earning potential or permanent disabilities
- Inflated fault percentages
- Below-average offer as compared to similar OKC results.
How the comparative fault rule can lower the settlement
Oklahoma’s modified comparative negligence system implies that your recoverable damages may be reduced if you are partially at fault.
Let’s simulate three scenarios to calculate the settlement offer:
Case A: Moderate injury, minor fault
Total damages = Medical $10,000 + Lost wages $5,000 + Property $3,000 + Pain & suffering $20,000 = $38,000
Your fault = 20%
Net recoverable = $38,000 x 0.80 = $30,400
Likely attorney fees (33%) = $10,032
Net to you = $20,368
Case B: Severe injury, no-fault
Total damages = Medical $75,000 + Future treatments $25,000 + Lost wages $40,000 + Pain & distress $100,000 = $240,000
Your fault = 0
Likely offer = $240,000
Negotiate down for liens, lawyer fees, etc., estimated at $160,000 to $170,000.
Case C: High fault, low policy
Total damages = $60,000
At fault = 40%
Possible recoverable = $36,000
However, the at-fault driver has a liability of $25,000, so maximum insurer authority = $25,000
Offer = $25,000 – 40% fault.
This is where understanding thresholds matters.
How do insurers dispute fault?
Insurance companies often dispute fault by claiming that:
- You failed to brake on time.
- Injuries worsened due to pre-existing conditions.
- Misrepresent witness statements.
How to fight back?
You can counter the disputes by:
- Obtaining a police report (official fault determination).
- Use accident reconstruction experts in case of a liability dispute.
- Collect eyewitness testimony and traffic footage.
Why hiring an attorney increases settlement (by 3x or more)
Statistics show that plaintiffs with early and proper legal representation recover higher settlements than those without. Here’s why:
- Insurance defense attorneys know how to evaluate factors like prospective medical expenses, lost earning capacity, and long-term intangible damages, which insurers often undermine.
- Draft a strong demand letter with supporting documents to display a strong tone.
- Leverage litigations, encouraging insurers to make a higher offer.
- Hold insurers accountable for bad-faith insurance practices (lowball offers, unfair delays).
- Trial-ready representation drives insurers to settle for more.
Proven negotiation tactics from OKC legal experts
To further strengthen your negotiations, consider the following tips proven by OKC legal experts:
- Start strong by demanding 20%-30% higher than your target to leave room for better negotiations.
- Leverage medical evidence, like doctors’ reports, treatment plans, and MRI results, to validate your pain and suffering.
- File a lawsuit before the passing of the statute of limitations ( 2 years) to force insurers to negotiate better.
- Maintain records of almost everything, even communications, such as calls, emails, settlement offers, etc.
- If the insurance adjuster delays, stay persistent and take the case to a supervisor.
Last words
So, if you are dealing with such a scenario, do not let the insurers pressure you. Leverage the above strategies, or work with an experienced OKC car accident lawyer to fight for your rights and entitled compensation. By knowing how insurance defense attorneys work, you can prepare to negotiate strongly and secure a fair car accident insurance claim in Oklahoma City.
