A car crash you didn’t cause can still derail your life. The impact is one thing, but the next hour can feel worse because your mind starts sprinting: “Who do I call?” “Do I file a claim?” “What if the other driver changes their story?” Even in Tulsa, where people are used to busy roads, a sudden car crash can leave you rattled and unsure what to do first.
In 2023, the U.S. had an estimated 6,138,359 police-reported traffic crashes, and about 2,442,581 people were injured. Many of those injuries were not obvious at the scene, which is why a fender bender can still lead to real medical treatment, missed work, and growing medical bills.
At Smith Barkett Law Group, we help Oklahoma drivers who were not at fault but still ended up battling an auto insurance company, a claims adjuster, or a low settlement offer. Our Tulsa personal injury lawyers protect your health and your rights, while also building a clean paper trail for an insurance claim.
The accident scene is where the story gets written. Evidence is easiest to gather right away, and small details can matter later during fault determination or a claim settlement.
Start with safety, even if the damage looks minor. Turn on your hazard lights, check yourself and your passengers, and look for symptoms like dizziness, neck pain, confusion, or numbness. If the vehicles can be moved safely, pull to a shoulder or a nearby parking lot so you are not standing in traffic. However, if someone may have a head, neck, or back injury, call for emergency help and avoid unnecessary movement.
In many cases, a police report makes the claims process more straightforward by documenting who was involved, where it happened, and what was observed.
Oklahoma law requires drivers involved in crashes to stop and remain at the scene (47 O.S. § 10-103) and to give information and provide reasonable aid (47 O.S. § 10-104). When the officer arrives, ask for the report number and the best way to request the accident report later.
Take wide photos of both vehicles, the lanes, and any nearby traffic signs or signals; then take close-ups of vehicle damage, skid marks, and broken parts. Photograph the other vehicle’s license plate number and, if visible and safe to capture, the VIN number (often near the windshield). If you can, record a slow walk-around video because it shows context that single photos sometimes miss.
Collect the other driver’s name, phone number, driver’s license details, and their insurance card with the auto insurance company name and policy number. Also note the make and model of each vehicle, along with the license plate. If you have witnesses, get their contact information and a short note about what they saw.
People often apologize out of habit, even when they did nothing wrong, and that can be misread during an insurance claim. Keep your words neutral: ask whether anyone is hurt, state that you are calling law enforcement, and focus on exchanging information. Also, avoid guessing about speed or distance, because an early guess can become a “statement” later.
At the scene, focus on safety first, then documentation. When you were not at fault, these steps help keep the facts clear, reduce blame-shifting, and support a stronger insurance claim later.
After you leave the accident scene, the real part often begins. Pain can creep in later, and insurance questions can start before you even understand your injury. That’s why we recommend two parallel tracks: get medical care and build clean medical documentation, so your health and your claim are both protected.
Even when a car accident was not your fault, your body still took a hit, and some injuries do not show up right away. Whiplash, soft tissue injuries, and concussion symptoms can appear hours later or even the next day, especially after your adrenaline drops.
Whiplash symptoms often develop within days of the injury. If you hit your head, feel dazed, or have new headaches, take that seriously. The FDA has cleared tests that help doctors evaluate suspected mild traumatic brain injury, which highlights how important early evaluation can be.
Get emergency help right away if you have:
If it’s not an emergency, you can still get a same-day medical evaluation through:
What to tell the medical professional: Explain that you were in a car crash and that you were not at fault, but keep the focus on symptoms and how they started. Mention any neck pain, back pain, dizziness, nausea, sleep changes, or trouble concentrating.
Insurance companies often look for gaps in care. If you skip follow-ups, stop physical therapy early, or ignore restrictions, an adjuster may argue that you were not really hurt, or that you made things worse by not treating. That argument is unfair in many cases, but it’s common, and it can reduce a settlement offer.
Keep these items in one place (a folder or phone scan):
Here’s a simple tracker you can use:
| Category | Examples | Why it matters |
| Medical costs | ER, urgent care, PT, meds | Shows true medical expenses |
| Time off work | missed days, reduced hours | Supports wage-loss claims |
| Out-of-pocket costs | mileage, braces, supplies | Adds up quickly and is often overlooked |
| Symptoms log | short daily notes | Shows how the injury affects daily life |
When you’re not at fault, the medical side still matters just as much as the insurance side. Prompt care, consistent follow-through, and solid records can support your recovery and make it harder for an insurance company to downplay your injuries.
This is where many “not my fault” crashes get annoying. You did the right thing, but the claims process can still feel like a maze. The fix is simple: report the crash, understand your coverage, and don’t let a claims adjuster rush you into a bad move.
Even if the other driver caused the car crash, you should usually notify your own auto insurance company. Your insurance policy may require prompt notice, and you may need help right away with towing, repairs, or medical payments coverage.
What to have ready when you call to file a claim:
The at-fault driver’s insurer is handling a third-party insurance claim. Their goal is often to pay as little as possible, as fast as possible.
A few guardrails:
If you feel pressured, that’s a sign to slow down; pressure and fairness rarely travel together.
You have choices here, but the right move depends on your situation.
If your car is repairable:
If the car is a total loss:
A no-fault crash can still turn into a fight because “fault” and “payment” are not the same thing. Insurance companies may argue about the severity of your injuries, question medical treatment, or push contributory-style blame to reduce what they owe.
A car accident attorney helps keep the focus on evidence, not pressure tactics, and that can change the tone of the entire claims process.
Even when it’s clear the other driver caused the car crash, your personal injury claim can get complicated fast.
Legal representation can help when:
An attorney can also collect and organize the proof that carries weight:
In other words, the goal is not to talk louder. The goal is to present a clean, credible case that makes it difficult for an insurer to deny, delay, or discount your injuries.
Insurance companies typically start from a numbers mindset: damage costs, repair estimates, policy limits, and risk. If you do not build your claim carefully, they may treat your case like a basic fender bender, even when your life says otherwise.
A personal injury lawyer can help you pursue compensation that reflects the full picture, such as:
A lot of people lose leverage because they talk too much, accept a low injury settlement early, or sign paperwork without understanding what they are giving up. Good legal guidance helps you avoid those traps while your medical treatment is still unfolding.
If the case does not settle fairly, trial lawyers can prepare it for litigation and, when needed, file a personal injury lawsuit within the applicable statute of limitations.
Most personal injury law firms, including ours, typically work on a contingency fee basis. That means:
It’s also reasonable to ask about case costs (records fees, filing fees, expert costs) and how they are handled. A straightforward conversation about money up front prevents confusion later, and it helps you decide what makes sense for your situation.
Often, yes. A police report helps document the crash, supports your insurance claim, and reduces blame disputes.
Usually, yes. Your policy may require prompt notice, and your coverage (collision or MedPay) may help while the other insurer investigates.
Names, phone numbers, driver’s license details, insurance company and policy number, and license plate number. Take photos of insurance cards and vehicle damage.
Stay calm and document everything. Photos, witnesses, dashcam footage, and the police report can help with fault determination and protect your claim.
Often two years. Oklahoma’s general personal injury deadline is 12 O.S. § 95, but exceptions can apply, so don’t delay.
Your uninsured motorist coverage may apply, depending on your policy. Oklahoma UM law is 36 O.S. § 3636.
A car accident that wasn’t your fault can still lead to medical bills, missed work, and months of back-and-forth with an insurance company. Taking action early can help preserve evidence, support your insurance claim, and protect your rights while you focus on medical treatment and recovery.
At Smith Barkett Law Group, we put clients first. We can review your accident report, explain your coverage options, and help you respond to insurance adjusters and settlement offers with confidence. Time matters in these cases, so don’t wait to get the guidance you need. If you were injured in a Tulsa car crash or anywhere in Oklahoma, contact us for a free consultation.
"*" indicates required fields
