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Car Accident Insurance: Fault States vs. No Fault States

You should always be prepared for the possibility of an automobile accident. It can be uncomfortable to think about, but that risk is always there. You need to understand exactly how your car insurance works. That knowledge will relieve a lot of stress in the unfortunate case that an accident occurs. Each state uses their laws for dealing with car accident insurance and car accident liability. If you have been injured in a car accident, or you have questions about car accidents in general, please contact an experienced Tulsa car accident lawyer who can help.

Fault vs No Fault

When it comes to car accident liability, the single biggest difference between the states is that some use the fault system and some use the no-fault system. The fault-based system is the more common of the two, with about 75 percent of states operating under it.  In a fault-based state, the liability for the accident will be determined based on who was to blame for causing the accident. So, if one driver were 100 percent to blame for a car accident, then that driver’s insurance company would be the liable party for all of the damages. On the other hand, the no-fault system generally does not consider blame for the accident when apportioning liability. As a general rule, everyone involved in the accident will have to look to recover compensation from his or her own insurance company. However, most no-fault states still do have certain damage thresholds where it becomes advisable to file a claim against the party that was at fault for the accident.

Oklahoma is a Pure Comparative Fault State

Oklahoma uses the fault-based system, more specifically, the pure comparative fault system. Under Oklahoma law, the direct proportionality of fault is used to assign liability for a car accident. For example, consider a scenario of an accident involving just two cars. The black car is deemed to be at fault for 90 percent of the accident, while the white car is determined to be at fault for the other 10 percent. In this accident, assume that the driver of the white car sustained $100,000 in injuries. Under Oklahoma’s comparative fault rules, the driver of the white car would be at fault for 10 percent of his own injuries. Therefore, his compensation from the other driver’s insurance company would be reduced proportionally by 10 percent. His compensation would be lowered by $10,000 down to $90,000. It is clear that the assignment of fault is extremely important in serious Oklahoma car accidents. If the fault is an issue in your car accident case, the professional services of an experienced car accident injury attorney are a must.

Contact An Experienced Tulsa Car Accident Lawyer

Time is always of the essence after a car accident injury. You may not be sure of exactly where to turn to recover compensation for your damages. This is especially true if your car accident occurred while driving out of your home state. The experienced car accident attorneys at Charles Bryan Alred can help. If you have any questions about car accident liability, please contact our office in Tulsa today to schedule a free initial consultation, (918)745-9960.