The First 48 Hours After a Wreck

By Will Blocker, Blocker Law PLLC · Idabel, Oklahoma

The first 48 hours after a wreck matter more than people think. You don't need a lawyer in the parking lot. You do need a few things done before the story gets fuzzy and the paperwork starts working against you.

Get checked the same day.

Adrenaline can mask pain. A same-day medical visit, even if you feel fine, creates a record of your injuries dated close to the wreck. Keep the discharge papers, the prescriptions, and the records from every follow-up. If you wait a week and then say your neck started hurting Tuesday, that gap is often one of the first things an insurer points to.

Make a record while it's still fresh.

If anyone is hurt, Oklahoma law requires the drivers involved to notify police, the sheriff, or the Highway Patrol right away.¹ Even if no one seems hurt, it's usually wise to call the police if they aren't already there. If it is safe to do so, photograph both cars, the intersection, any skid marks, your injuries, and anything that moved. Write down the other driver's name, plate number, and insurance company, plus the names and phone numbers of anyone who saw it. Try to do this before the cars get towed and the scene gets cleaned up.

Tell your insurer, and watch what you say.

Report the wreck to your own insurance company promptly. Many policies require prompt notice, and late notice can put your coverage at risk.² When you do report it, stick to what you saw. Don't guess about fault, and don't say you're fine when you don't yet know. Be cautious about giving a recorded statement, especially to the other driver's insurance company, before you have talked with a lawyer. Your policy may require you to cooperate with your insurer; read it.



Don't sign a release or accept a quick settlement check until someone has looked at the medical bills and the damage. A signed release can end a claim even if an injury you knew about turns out to be worse than expected.³ In some situations, cashing a check that says it is full payment of a disputed claim can end the claim too.⁴

Call us before you sign anything.

If you're hurt, if the other driver has no insurance, or if someone is already pushing a settlement, that's a good time to talk with a lawyer. We'll look at what you have and tell you whether we think there may be a claim worth pursuing. A phone call doesn't promise any particular outcome, and every case depends on its own facts.

Blocker Law PLLC represents people hurt in car wrecks. If the last two days have been yours, call our office at 580-286-9777 and we'll go through it with you.

Sources

1. 47 O.S. § 10-107.
2. See Indep. Sch. Dist. No. 1 of Tulsa Cnty. v. Jackson, 1980 OK 38, ¶¶ 6–7, 608 P.2d 1153, 1155–56 (late notice of suit barred coverage where insurer was prejudiced).
3. See Holmes v. Mo.-Kan.-Tex. R.R. Co., 1978 OK 6, ¶ 7, 574 P.2d 297, 298–99 (stating general rule).
4. 12A O.S. § 3-311(a)–(b).

Sources are listed for general reference only. Laws change, and how they apply depends on the facts of each case.

This post was written by Will Blocker, the attorney responsible for its content. Blocker Law PLLC, 119 N Central Ave, Idabel, OK 74745 · 580-286-9777 · www.blockerlaw.net

Disclaimer: This post is general information only and is not legal advice. Reading this post or contacting Blocker Law PLLC does not create an attorney-client relationship; that relationship begins only after the firm has agreed to represent you. Please do not send confidential information until we have confirmed that we can help with your matter. Every case is different, and past results do not guarantee or predict future outcomes. Talk with a lawyer about your specific situation.