“That’s Not True!” When the Other Driver Lies About Your Tulsa Car Accident
You’re a good driver. You always wear your seatbelt, go the speed limit, and make full, complete stops at all stop signs – you would never get into an accident. Then one day, you are driving, as cautiously as always, and come to a complete stop at a red light. However, the driver behind you isn’t as cautious and suddenly, you feel the jolt of impact.
You’ve done everything right and still ended up involved in an accident. What do you do? Do you call the police? An ambulance? Your insurance company? A lawyer? The aftermath of an accident is a frenzied, adrenaline-filled time, which negligent drivers (like the one who hit you) love to exploit. Luckily for you, the Tulsa car accident attorneys at Biby Law Firm know exactly what you should do to ensure their lies don’t impact your ability to recover compensation.
First things first: file a police report after any Tulsa car accident
Regardless of how minor a fender bender you believe the accident might be, always call 9-1-1 and have the police complete a report. Police are viewed as an objective third party by the courts and their reports are valuable evidence to show that you didn’t cause the accident.
It is a common belief that insurance companies will raise your premiums following an accident, but only if they find you to be at fault. In fact, it is illegal in Oklahoma for an insurance company to drop an insured or raise premiums after someone is involved in a no-fault collision. Without a police report, it is your word against the other driver’s, and there is no guarantee the insurance company will believe yours, especially when money is on the line. However, they have no reason not to believe the police’s official report.
You can bet the other driver lawyered up almost immediately after leaving the scene of the accident; for all you know they had their attorney on speed dial. A police report will help ensure that your innocence is iron-clad and, with the help of your attorney, immune from any tricks or tactics they may try to use to shift the liability to you (including faking injuries to make you pay, instead of paying you).
Additionally, when your attorney can present a police report to the other driver’s insurance carrier or attorney, it can help incentivize them to settle your case, placing an award for your suffering and medical expenses in your pocket and saving you years of costly litigation.
Feel something, say something: the importance of getting medical care
The moment your body feels the impact of a collision, whether you saw it coming or not, the adrenaline starts flowing. Adrenaline is a powerful drug: it’s your body’s natural way to ensure you survive stressful situations.
However, adrenaline also dulls your ability to feel pain. Whether you feel the onset of neck pain while waiting for the police to arrive or the next morning, you need to seek medical attention as soon as possible. The sooner you have professional documentation of actual harm, the higher the likelihood the insurer or jury will believe it was directly caused by the responsible driver. Don’t be afraid to tell your attorney and your physicians every way your injuries are affecting you following the accident. You also need to photograph any evidence of injuries that may fade or disappear over time. Swelling, bruises, cuts, burns and scarring may not be permanent but still warrant compensation, but if there is no documentation of the harm it is not uncommon for an adjuster to fail to consider. And the old adage that a picture is worth a thousand words rings true when it comes to insurance claims – much like videos, pictures simply don’t lie.
Drivers might lie about who’s at fault, but video doesn’t
You’ve just finished speaking with the police and are staring at your damaged car in disbelief. You’ve told the police your story, but so has the other driver. You look up and you see it: a security camera on the building in front of you, pointed directly at your car. You tried calling the business to get a copy of that tape but they gave you the runaround.
Thankfully, you have an attorney and told them about the security camera. Your attorney can issue a notice or subpoena to the business which legally compels them to preserve and turn over the recording. Better yet, an evidentiary chain of custody has now been established which will prove the footage is unedited and a true depiction of the accident. The other driver’s attorney, judge, and jury will be able to see, firsthand, undisputed proof that you were an innocent victim and not at fault.
Tell the truth and shame the devil, as they say
Do you remember the color of your first car? The state it was registered in? Of course you do; those are key details from a huge moment in your life – the day you gained the freedom of driving. Now, imagine you lied and said your first car was green, when it was really red. Months go by and the person you lied to asks you for the color of your first car again.
Are you going to remember your lie and say it was red or are you going to slip and say it was green, or even worse, tell another lie and say it was blue? It’s easy to remember the truth, but hard to remember your lies. The other driver may say something to the police that’s untrue to escape initial liability in the police report, but then change their story slightly the next time they tell it.
If you try to handle the case by yourself, the adrenaline you felt in the moment may make it difficult to remember small details from the scene of the accident. Thankfully, you were smart and hired an attorney who has spent years perfecting their ability to uncover these small details and pieces of evidence, using them to expose an at-fault driver’s lies, proving your innocence. Your attorney has a whole team that will ensure all documentation is organized in a way to prove your case. Why wait on the phone for hours or take time off work to retrieve your medical records or track down witnesses when you can have experts do that for you? Our Tulsa personal injury lawyers fill out and file the proper paperwork so you can focus on healing.
Biby Law Firm’s Tulsa car accident attorneys will ensure you are justly compensated for your injuries and will hold the at-fault parties accountable. You already survived one of the worst days of your life, let us help secure compensation for your losses. Call our office at 918-574-8458, or submit our contact form to schedule a free consultation today.
Jacob Biby has spent his legal career helping folks just like you get the resources they need after a personal injury, car accident, or oil field injury. He completed his undergraduate degree at Oklahoma State University and earned his Juris Doctorate from the University of Tulsa in 2008. Jacob is licensed to practice in all Oklahoma state and federal courts. Learn more about Jacob Biby.