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.