Oklahoma Car Accident Compensation Laws

Oklahoma car accident laws help accident victims get fair compensation following a car crash. Oklahoma is an at-fault state, meaning drivers file insurance claims with the other driver's insurance company. Once the adjuster determines fault, the at-fault driver will pay for the damage and injuries of all victims.

Oklahoma uses a comparative negligence rule if the parties file a personal injury lawsuit. Determining degrees of negligence becomes important in car accident cases. Knowing Oklahoma state laws and having a good personal injury lawyer are essential following a motor vehicle accident.

Oklahoma Car Accident Compensation Laws

Oklahoma uses an at-fault rule for car accident claims. Drivers file insurance claims with the other driver's insurance company. The insurance company reviews the other driver's claim and evidence and then pays according to the policy.

Oklahoma law requires drivers to carry minimum liability insurance or file proof of financial responsibility with the Department of Public Safety. Minimum auto insurance requirements include:

• $25,000 bodily injury liability per person
• $50,000 bodily injury liability per accident
• $25,000 property damage liability

Drivers can also file proof of self-insurance or a $75,000 certificate of deposit with DPS. But if the other driver's claims max out their policy limits, they will be liable for any remaining damages.

Oklahoma does not require uninsured/underinsured motorist insurance (UI/UIM) or personal injury protection (PIP) coverage. PIP provides coverage for car accident victims in accidents with uninsured drivers.

Comparative Fault

Oklahoma's modified comparative fault rule allows accident victims to recover damages even if they were partially responsible for the accident. In most car accidents, both drivers share fault. One driver ran a red light, but the other driver's child distracted them before the crash. Under modified comparative negligence, a driver can recover as long as they are 50% or less at fault.

Comparative negligence reduces the claimant's recovery by their percentage of fault. If one driver is 10% at fault, and the other is 90% at fault, the claimant can only recover 90% of their total damages.

Damages and Limits

In a car accident lawsuit, "damages" are the monetary compensation for the injuries and property damage caused by the accident. You can claim two basic types of damages after a car accident.

Economic damages are specific, objective costs of the accident calculated from accident reports and medical bills. Economic damages include:

• Medical expenses, including future costs of surgery and rehabilitation
• Lost wages and earning capacity
• Out-of-pocket repair costs

Non-economic damages are abstract or subjective costs, such as:

• Pain and suffering
• Emotional distress
• Loss of consortium
• Disability and disfigurement

Oklahoma allows punitive damages in personal injury claims if the driver's actions were particularly reckless or malicious.

Limits

In 2019, Oklahoma's Supreme Court ruled that damage caps on non-economic damage claims were unconstitutional under Oklahoma law. Oklahoma statutes do not have any monetary caps on economic or non-economic damages. The cap on punitive damages is $100,000 or actual (economic) damages, whichever is greater.

You have two years from the date of the accident to file a lawsuit after a car accident. The statute of limitations applies to personal injury and property damage claims. There are some exceptions to this time limit, so you should check with a car accident lawyer right away.

Get Legal Advice from an Oklahoma Personal Injury Attorney

Understanding the comparative fault rules and damages caps governing a car accident in Oklahoma is vital to successfully recovering damages. Get legal advice from an Oklahoma car accident attorney before filing an insurance claim or lawsuit.