Whose Insurance Pays in a Multi-Car Accident in Oklahoma?

Oklahoma is a “fault state,” meaning that after a car accident, the at-fault driver (or anyone else responsible for the crash) is first in line to pay medical bills, lost wages, and other damages suffered by the victims.

In a two-car crash, usually (although not always) one driver or the other is at fault. But in a collision with three or more cars, the situation is often more complicated. Multiple drivers may have contributed to the crash. People in multiple cars may be hurt, too.

This can become a very complex claims process, which can lead to uncertainty as your medical bills pile up. You may have multiple claims against other drivers, as well as with your own insurance company. And it may require a lot of time and effort before it’s clear who owes what.

If you have been involved in an accident with three or more vehicles, one of the best actions you can take is to hire an experienced car accident lawyer to help determine liability and defend your rights as a victim.

Key Concepts: Modified Comparative Negligence and Several Liability

In order to better understand the complexity of fault and damages in multi-car crashes, you need to know these key terms:

Modified Comparative Negligence

When multiple parties are responsible for someone’s injuries, fault can be apportioned between them. Under Oklahoma law, a crash victim can only obtain compensation if they are 50% or less at fault. Furthermore, the damages they can receive will be reduced by their share of the fault.

Here’s an example of how this works. Say there’s a two-car crash where both drivers were negligent, and a court determines that Driver A is 70% responsible and Driver B is 30% responsible.

If both drivers suffered $100,000 in damages:

• Driver A cannot collect anything, since they are more than 50% responsible for their injuries.
• Driver B can collect $70,000 from Driver A. Or, in other words, the full amount of damages minus 30%, since they are 30% responsible.

Several Liability

Under Oklahoma law, each at-fault party is only responsible to pay for their share of the damages. This is known, in legal terms, as several liability.

Here’s an example. Let’s say you got hurt in a crash involving multiple drivers. A court finds that Driver A is 60% responsible, while Driver B is 40% responsible. If you had $100,000 worth of damages, then Driver A is only responsible for $60,000, while Driver B is only responsible for $40,000.  

This can work against you if, for example, Driver A only has $25,000 in liability insurance and no other assets you can collect. Even if Driver B has a million-dollar policy, the most you can get from them is still $40,000.

Many other states handle this differently. States with unmodified joint and several liability, for example, allow injury victims to recover up to the full amount of damages from anyone who contributed to the injury, regardless of their percentage of fault.

Determining Fault in a Multi-Car Accident Can Be Tricky

Many multi-car accidents can be thought of as a “chain reaction crash.” For example, when one vehicle comes to a sudden stop, a multi-car pileup can ensue if the other drivers cannot react in time.

While many people believe that the driver who causes the initial crash is 100% responsible for any additional crashes in the chain reaction, this is not always the case.

Consider this scenario. Car A pulls out directly in front of heavy traffic and is hit by oncoming Car B, which was driving under the speed limit and had no time to avoid the crash. Car C, who was following Car B, rear-ends Car B as they stop unexpectedly.

In this case, the driver of Car A was clearly negligent. The driver of Car C may be considered negligent as well, for example by failing to maintain a safe following distance or distracted driving.

Imagine all three drivers are hurt. Which driver has legitimate claims—and against whom?

• Car B could have valid claims against both A and C, since both collisions (the first and second) could have been severe enough to cause injury. But due to strict several liability, it may be extremely challenging to figure out how much each driver is responsible to pay.
• It’s possible that Car A might have a claim against Car C, or the other way around, depending on the circumstances and how fault gets divided.

You can probably see why proving and assigning fault in a multi-car crash isn’t always so straightforward. An experienced personal injury lawyer may need to gather a substantial amount of evidence to support your claim.

RELATED: How Do Adjusters Determine Who Is at Fault in a Car Accident?

Insurance May Not Adequately Cover Multiple Parties with Injuries

One of the biggest challenges with multi-car accidents is that with many injured parties, the medical expenses can easily reach the insurance coverage limits. This means that even if you were 0% at fault, there may not be enough insurance claim money to cover the lost wages, car repairs, medical expenses, and other damages for all the victims involved.

For example, say there’s a 4-car pileup with three people injured through no fault of their own, and the driver of Car A is determined to be 100% at fault for all of the resulting injuries. If the driver of Car A only has the legal minimum of $50,000 per accident in liability coverage, that $50,000 will need to get split three ways.

This is why it’s so important to identify all of the at-fault drivers. With multiple insurance policies involved, you stand a better chance of getting adequate compensation.

It’s also why we urge all drivers to purchase uninsured and underinsured motorist coverage (UM/UIM) as part of their own auto insurance policies. If someone else causes a crash but doesn’t have enough money to pay your damages, your UM/UIM steps in to cover the rest (up to the policy limits you select).

Personal injury protection (PIP) coverage and MedPay are additional optional coverages that can provide financial compensation following a multi-car crash with inadequate collision coverage. They are also “no fault,” meaning they will help pay for your medical treatment and/or lost wages even if you were the one who caused the crash.

RELATED: What Happens if I Was Hit by an Uninsured Driver in Oklahoma?

An Experienced Car Accident Lawyer Can Help Determine Fault

It’s always wise to consult a personal injury lawyer as soon as possible after a car accident. That is especially true if the accident involved multiple vehicles, or if it isn’t so clear cut which drivers are responsible.

The claims process for these accidents is better handled by someone with experience, and who isn’t afraid to aggressively negotiate with the insurance companies in order to get the most money possible for their client.

Because proving fault in multi-car accidents is so complex, your lawyer may need to dig deep to find evidence of fault. This can mean pulling phone records to see if another driver was on the phone, obtaining credit card records to prove someone purchased alcohol immediately prior to the accident, and accessing the other vehicles’ event data recorders to prove they were speeding. Lawyers can go above and beyond what regular citizens can access, as part of the legal process.

In addition, if the involved parties do not have adequate insurance coverage, a lawyer can help identify other policies that may help. For example, if one of the drivers was on the clock at the time of the accident, their employer’s insurance company may be liable for a portion of the payout.

Call The Wolf Pack™ If You’ve Been in a Multi-Car Accident

If you’ve been involved in a multi-vehicle collision and need legal representation, you’re in the right place. You need an attorney with extensive knowledge of the law and the ability to aggressively pursue fair legal action.

With The Wolf Pack™ on your side, you can be confident that we will do everything in our power to uncover the evidence, fight for fair compensation, and help you get the care you need to heal from your injuries. We know determining fault in multi-car accidents is challenging, and we are not afraid to rise to the challenge.

Just call (580) 271-9672 or fill out the online form today to request your free consultation. You can explain what happened, and we can let you know your legal options for seeking financial relief.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.