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Following a car accident, the other driver may accept responsibility for the crash, but ask you not to get the police or insurance companies involved. The driver might offer to pay for your vehicle repairs and medical expenses out of pocket. Don’t fall for that.
If you don’t call the police to the accident scene, then you have no documentation of how the crash occurred. If you don’t notify your insurance, then you’ll have difficulty pursuing a claim later, if necessary. It will simply be your word against that of the other driver. The at-fault driver may change their mind about paying you after driving away.
Is Offering Cash at the Scene Illegal?
A driver who causes a motor vehicle accident might offer cash to pay for vehicle repair bills and medical expenses for the other drivers and individuals involved in the accident. Oklahoma is considered an at-fault state. A driver who causes a motor vehicle accident may be held financially liable for the expenses and losses incurred by people who suffer injuries or property damage in a crash.
However, compensation following a motor vehicle accident is usually obtained through a settlement with the at-fault driver’s insurance company or by pursuing a lawsuit against the at-fault driver.
When an at-fault driver offers you cash after causing a motor vehicle accident, they may be trying to avoid having a claim filed against their insurance policy and an increase in insurance premiums.
In some cases, the at-fault driver may not have insurance coverage. Oklahoma has a significant percentage of uninsured drivers. Approximately one of every seven drivers in Oklahoma was uninsured in a recent year, according to the Insurance Information Institute. The at-fault driver may be trying to avoid involving law enforcement, especially if the driver lacks insurance or has committed a traffic infraction or a criminal offense, such as driving while impaired. In these circumstances, the driver may want to avoid being arrested or risking the loss of his or her driver’s license.
What Are Some Problems with Accepting a Cash Offer?
It can be tempting to accept money from the at-fault driver at the scene of a crash, especially if you know you will need to pay for emergency room treatment or hospital bills or to fix your car. But if you accept money from the at-fault driver, you may get stuck with most of the expenses yourself.
Any cash offer that the at-fault driver makes at the scene almost certainly will not cover the full extent of your medical expenses and losses if your injuries are significant. The other driver has no way to know what kind of injuries you may have sustained, how long it will take you to recover, or how much it will cost to fix your vehicle.
The at-fault driver may be focused solely on giving you money for some medical costs, without considering that you may have to miss weeks of work that will cause you to lose income. Similarly, the at-fault driver probably isn’t thinking about compensating you for personal losses you may suffer, such as physical pain or lost quality of life.
If you accept cash from the at-fault driver at the scene of the accident, you may be shortchanging yourself. Even if the driver gives you their contact information to reach out to them if your expenses exceed the money they have given you, you have no guarantee that the driver will pay you more money later.
Without getting a police report or the at-fault driver’s insurance information, you have no way of filing a formal claim against the driver’s insurance policy. Even if you do manage to file a claim with the at-fault driver’s insurer, if you have accepted money from the driver at the scene of the accident, the insurance company may argue that your acceptance of cash constitutes a settlement of any legal claims you may have had against the at-fault driver.
When Are You Required to Call the Police?
Under Oklahoma law, you are required to call the police following a motor vehicle accident in which someone has been injured or killed. You may call law enforcement if the accident only resulted in property damage. In some municipalities, the local police will not respond to the scene of an accident that only resulted in vehicle damage where all the vehicles involved can be safely driven away from the scene.
You must file an accident report with the Oklahoma Department of Public Safety for any accident in which:
- Someone was injured
- Someone was killed
- More than $300 in apparent property damage was caused
- A settlement among the parties has not been reached within six months of the crash date
What Should You Do If You Are Involved in an Accident?
If you have been involved in a car accident, you should take the following steps to protect your rights including:
- Documenting the scene of the crash by using your smartphone to take photos of vehicle damage, any skid marks or debris in the road, and the weather conditions. Make sure to get the contact and insurance information of each driver involved in the accident.
- Contacting law enforcement if someone has been injured or killed.
- Seeing a doctor promptly after the accident to identify any injuries you may have suffered in the accident.
- Keeping copies of bills, invoices, and your pay stubs and income statements.
- Speaking with a McAlester car accident lawyer to discuss your rights and options and to learn more about what compensation you may be entitled to claim.
- Not accepting any offers of money or settlement from the at-fault driver or their insurance company until you have had a chance to review the offer with an attorney.
Contact Edwards & Patterson Law, Today
If you have been injured in a motor vehicle accident in Oklahoma caused by another driver’s carelessness or disregard for safety, call the attorneys at Edwards & Patterson Law or contact us online for a free case evaluation. We will call back within 24 hours to schedule a free consultation.
Learn about the steps you can take to have the best chance of seeking a full financial recovery following a crash. Call today.
