If you are involved in a Oklahoma car
accident and you only want to file a claim for damages to your car, you are in
effect asking the other driver for the cost of having your car repaired, or to
recompense you for the car’s “actual cash value." If this is the case, the
process takes less time than if there is a personal injury claim also are
involved. Either way, Tulsa, OK
accident lawyers can and should be involved.
But how soon can you get the car
accident claim resolved? Here are a few possibilities.
Settlement
of Your Car Claim before You File a Lawsuit
Most car damage accident claims are
resolved via the insurance process, without the need for a legal claim to be
filed. This becomes easy, if all parties like the drivers and their insurance
companies agree on the following points:
- Determining who was at fault
- The degree of vehicle damage
- The expense of getting the car fixed
- "Actual cash value" of your car declared as "total loss"
If the parties resolve the case early,
you can avoid possibly touchy issues like whether the car had a pre-existing
damage, which the accident merely worsened. If the offending driver doesn't
have sufficient insurance coverage, it might prolong the resolution process.
If the concerned parties fail to come an
amicable agreement and the car damage claim goes to court, it will most likely
be in the small claims court, a branch of the state civil court system that
resolves disputes involving a comparatively low sum of money, according to
Oklahoma accident attorneys.
A
Discovery and Motions
If a lawsuit is filed at court, the
contending parties are subject to specific timelines for collecting data that
serves as evidence at the trial. This is termed the "discovery" phase
since it also includes testimony under oath from the concerned parties as well
as witnesses, and an exchange of written questions along with answers.
During this particular phase contentious
issues concerning how the car accident occurred and the extent and nature of
the damage caused by the car accident are highlighted. The discovery phase
lasts for 6 months to a year after the lawsuit is filed.
Mediation
Soon after the discovery phase, the
courts in general schedule the concerned parties for ADR or “alternative
dispute resolution”, which is typically mediation in order to encourage them to
arrive at a resolution which comes under the category of being assisted actively
by any neutral third party. Your Tulsa, OK accident lawyer should certainly be
present and accounted for during this entire process.
The mediation process can last for
anything from a few hours or couple of days. If the mediation is successful,
the claim can be resolved and your lawsuit dismissed soon enough.
Small
Claims Court and Civil Trials
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