WHAT'S THE MAX YOU CAN GET?Find out in just minutes how much your injury is worth!

Oklahoma Auto Accident Laws & Resources

No one ever wants to get in an auto accident but if you get in one in Oklahoma, it’s important to understand what the laws are there.  Having a grasp on Oklahoma auto accident laws can make a big difference in how you handle an accident. 

Once you have this knowledge, you’ll be better prepared to handle a potential auto accident claim or lawsuit. This page highlights the most critical Oklahoma car accident laws you should know. 

If you have questions about a claim or lawsuit, you can find an Oklahoma auto accident attorney with the attorney finder on Lawsuit Info Center. 

Auto Insurance Laws In Oklahoma

In Oklahoma, you are required to have car accident liability insurance before you can drive on public roads. However, sources say that about 25% of drivers in the state don’t have insurance; this is why it’s smart to carry uninsured and underinsured auto coverage, so you can get your bills paid if you’re in an accident. 

Underinsured and uninsured coverage is optional in this state, but these minimums are required: 

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident, regardless of the number of injured
  • $25,000 for property damage

If you have substantial assets, it’s smart to carry additional coverage so you are not personally liable if you cause an accident that involves damages and injuries above the state minimums. 

Proving Fault After An Oklahoma Auto Accident

Oklahoma is considered a ‘fault’ state for auto accidents. This means that whoever is liable for the accident must pay for most of the damages. 

This is different from a no-fault standard, which means that each person in the accident uses their own insurance to pay for accident damages. 

Also, note that auto insurance companies make money when they take in more money from premiums than they pay for claims. Auto insurance adjusters are motivated to pay as little as they can to settle accident claims; sometimes they will attempt to deny claims outright. 

Oklahoma uses a modified comparative fault standard to determine who pays for what in a car accident. This means that if you are found partially responsible for a car accident, your settlement will be reduced according to your percentage of fault. 

For example, if you have $10,000 in damages in a car accident and are found 40% at fault, your settlement will be reduced by $4,000 for a total of $6,000. 

This is why it’s important to hire a skilled Oklahoma car accident attorney after an accident; the other driver’s insurance company will almost certainly attempt to blame you as much as possible for the accident. Your attorney will be a strong advocate for your interests and will ensure that you get the best settlement possible. 

If you are in an accident with a state employee, you have just one year from the date of your injury to file a lawsuit. But if the state employee is found personally liable for the accident, you have two years from the date of injury to file suit. 

Statute Of Limitations: Oklahoma Auto Accident Laws

If you are injured in a car accident in Oklahoma, you should report the accident to your insurance company as soon as possible. However, there is no time limit on when you can report the incident for insurance claim purposes. 

But if you decide to file a lawsuit, you have only two years from the date of the accident to file it with the appropriate court. 

If someone dies in the accident and you file a lawsuit, you have two years from the date of the person’s death to file. If you do not file within this timeframe, your case will be rejected by the court. So, please remember to contact your attorney as soon as you can if you think you want to file a lawsuit. 

Reporting An Auto Accident In Oklahoma

If you are in a car accident in this state that causes injury or death, you are required to report the incident as soon as possible to law enforcement. If the police show up at the accident scene, they will record the incident and file a police report. 

But if the police do not arrive at the crash scene, you should go to the nearest police station to report the accident. If it’s a minor accident that does not involve injuries or death, you aren’t required to report it, but it’s smart to do so. 

Also, you should not leave the accident scene until the police arrive, or at least provide your contact and insurance information to the other driver(s). If you leave the scene without doing either of these things, you could be charged with hit and run. 

More tips to protect yourself from auto accident liability: 

  • Take pictures of injuries and involved vehicles 
  • Get immediate medical attention for your injuries in case you decide to file a lawsuit later
  • Do not accept blame for the accident at the scene; it’s better to say nothing than to provide an opinion to anyone about fault at the crash scene

If you are in an accident with an unattended vehicle, state law requires you to stop at the crash scene and try to inform the driver. 

Once you find the driver, you must provide your contact information so they can file a claim with their insurance company. If you cannot find the person who owns the car, you should put a note on the windshield that gives your name, address, and car registration number.

Damages Caps In Oklahoma Auto Accidents

Like many states, Oklahoma has a cap that limits damages in personal injury lawsuits. This state has a cap for pain and suffering compensation for car accidents, which is $350,000. 

However, this cap does not affect what you can receive for your medical bills and lost wages. It’s important to work with an attorney in a serious accident involving serious pain and suffering; They  may be able to structure a settlement in a way that considers the cap on pain and suffering damages. 

Dram Shop Laws In Oklahoma

Dram shop laws in this state relate to selling alcohol to the public. If a bar or social host sells or gives alcohol to someone who is intoxicated, they can be found liable if that person gets in a car accident. 

It also is illegal to sell or provide alcohol in Oklahoma to anyone under 21. If you are in an accident involving an intoxicated minor, you also may be able to sue the person or establishment that gave them alcohol. 

You may be able to sue the person or establishment for damages, as well as the intoxicated driver. If you are involved in this type of accident, it is vital to hire an Oklahoma car accident attorney to get as much compensation as you can. 

The reason is that businesses that serve alcohol have higher insurance limits and will have skilled insurance company attorneys representing their interests. You will want to have an experienced attorney working for you to get you the compensation you deserve. 

Additional Auto Accident Laws In Oklahoma

It is illegal to have an open alcohol container in a moving vehicle on public roads in Oklahoma. You only can have an opened container in the trunk or rear passenger areas that cannot be accessed by the driver while it’s in motion. Note that it is illegal to place open containers in the glove compartment. 

If your blood alcohol level is .08% or above, you are considered legally intoxicated in Oklahoma. If you are convicted of drunk driving, you may need to have an ignition interlock device put in your vehicle at your expense. 

Get Legal Help With Oklahoma Auto Accident Laws

Getting in a car accident is stressful and upsetting, but you’ll be much better off if you are prepared for the unexpected. After reading this page, you should know much more about the car accident and personal injury laws in Oklahoma. 

The most important things to remember about getting in an accident in Oklahoma or in any state is to get medical attention right away, inform your insurance company immediately, and talk to an attorney if it’s a serious accident. 

If you do get in an accident in Oklahoma, Lawsuit Info Center can assist you in finding a skilled personal injury attorney in the state. You could be eligible for compensation for your medical bills, lost wages, and pain and suffering. Please use our website to find a personal injury attorney to help you with your case.