Getting into a car accident can be stressful, even if you’re not at fault. Many people ask, “Someone hit my car, whose insurance do I call?” This is a common question for drivers in Oklahoma and knowing the right answer can make the claims process smoother and less confusing.
Oklahoma follows an “at-fault” insurance system, which means the driver who caused the accident is responsible for covering the damages. But how do you know who to call first – your insurer or the other driver’s? Let’s take a closer look at what to do step by step.
Step 1: Stay Safe and Report the Accident
Before worrying about insurance, your first priority should be safety. If the crash is minor, pull over to a safe location. If anyone is hurt, call 911 right away.
After making sure everyone is okay, report the accident to the police. In Oklahoma, you must report any accident that causes injury, death, or property damage over $500. A police report helps later when dealing with insurance claims.
Also, gather important information such as:
- The other driver’s name and contact details
- Their insurance company and policy number
- License plate numbers
- Photos of the damage and accident scene
- Witness contact info, if available
Step 2: Understanding Oklahoma’s At-Fault System
Oklahoma uses an at-fault or tort system for auto insurance. This means the driver who caused the accident must pay for the other party’s damages through their liability insurance.
If someone hit your car, and it’s clear they were at fault, their insurance should pay for:
- Damage to your vehicle
- Medical expenses (if you were injured)
- Lost wages (if the accident kept you from working)
- Pain and suffering in some cases
Step 3: Calling the Right Insurance Company
Now let’s address the key question: someone hit my car whose insurance do I call?
You generally have two options:
- Call the At-Fault Driver’s Insurance Company
- File a claim directly with their insurer.
- They will assign an adjuster to investigate and determine fault.
- If they accept liability, they’ll handle your car repairs and medical bills.
- This is called a third-party claim.
- Call Your Own Insurance Company
- You can also file a claim through your own insurer.
- If you have collision coverage, your insurer can pay for repairs and seek repayment from the other company later.
- This might help if the at-fault driver is uncooperative or their insurer delays.
Both paths can work, but each has pros and cons depending on the situation.
Step 4: What If the Other Driver Doesn’t Have Insurance?
Oklahoma law requires drivers to carry auto insurance, but not everyone follows the rules. If you’re hit by someone who doesn’t have coverage, you may need to rely on your own:
- Uninsured Motorist Coverage (UM)
Covers your medical expenses and possibly other losses if the other driver is uninsured. - Collision Coverage
Pays for your vehicle repairs regardless of who is at fault.
Without these coverages, you may have to pay out-of-pocket and try to recover costs through small claims court or other legal action.
Step 5: Should You Always Notify Your Insurance Company?
Even if you plan to go through the other driver’s insurer, it’s a good idea to inform your own company about the accident. Why?
- Your policy may require it.
- They can guide you through the process.
- They may step in if problems arise.
- It protects you if the other driver blames you later.
Not reporting could risk your coverage if something unexpected comes up.
Step 6: Time Limits for Filing a Claim
In Oklahoma, the statute of limitations for car accident claims is:
- 2 years from the date of the accident for personal injury claims
- 2 years for property damage
However, insurance companies often expect claims to be filed much sooner, usually within days or weeks. Check your policy or contact the insurer for deadlines.
Step 7: Tips to Help Your Claim Process
To avoid delays or denial, follow these tips:
- File the police report and keep a copy
- Save all receipts and bills related to the accident
- Keep communication records with insurers
- Respond quickly to requests from the adjuster
- Take your car to a repair shop approved by the insurer (if required)
The more organized and prompt you are, the smoother things usually go.
Final Thoughts
If you’re wondering who to call in need, the answer depends on the situation. In most cases, you can start with the at-fault driver’s insurance. But calling your own company is also helpful, especially if the other driver doesn’t cooperate or has no insurance.
In Oklahoma’s at-fault system, being informed helps you avoid common mistakes. Knowing what to do, who to contact, and what your policy covers can make the difference between a fast resolution and a long, frustrating process. Stay calm, contact the team of 222 Injury Lawyers and take action as soon as possible after the accident.