How Car Accident Compensation Works in Oklahoma

Oklahoma is a “fault” car insurance or “tort” state for car accidents. Basically, whoever caused the accident is the one liable for crash victims' damages. This includes medical expenses, lost wages, vehicle repairs, and other related damages. 

The law of “modified comparative fault” is applied to car accident compensation in Oklahoma. Fault is divided among people involved in the accident and compensation is reduced by an individual’s percentage contribution. For example, if a person was 20 percent at fault in an accident and had $100,000 in damages, their compensation would be reduced by 20 percent to $80,000. If you are 51 percent or more at fault in a crash, you cannot file a claim.

The insurance companies know that the more blame they can pin on the victim, the less they must pay. An experienced Oklahoma car accident lawyer can protect you from taking the blame for an accident you didn’t cause.

Every state has its own car insurance requirements. At minimum, Oklahoma requires drivers to carry a 25/50/25 liability insurance plan - $25,000 per injured person per crash, $50,000 total per crash, and $25,000 for property damage. 

• Bodily injury (BI) pays for injuries to others resulting from an accident that you caused. This includes medical expenses, lost wages, and other losses. Minimum coverage is $25,000 per injured person with up to $50,000 total per accident.    
• Property damage (PD) pays for damage to other people’s vehicles after an accident that you caused. Minimum coverage is $25,000.

Including:

• Uninsured Motorist (UM) pays for your bodily injuries and property damage if you are involved in an accident caused by an uninsured driver. While carrying this insurance is not required in Oklahoma, it is strongly encouraged. In the past, Oklahoma has led the U.S. in most uninsured drivers on the road. At one point, about 1 out of every 4 drivers in Oklahoma was uninsured. If you don’t want UM, you must decline the coverage in writing.
• Underinsured Motorist (UIM) pays for bodily injury and property damage expenses that exceed the at-fault underinsured driver’s policy. 
• Medical Payments (Med Pay) helps pay for medical expenses you incur after an accident regardless of fault.
• Collision pays to repair physical damage or replace your vehicle after an accident. Most lenders require this if you have a car loan.
• Comprehensive pays for physical damage to your vehicle that occurred due to things other than a collision. Not all events are covered, but things like hitting an animal and theft are. 
• Towing and Labor Costs (Roadside Assistance) pays for expenses, usually up to a specific limit, if your vehicle becomes disabled on the side of the road.
• Rental Reimbursement pays for vehicle rental and transportation expenses, up to a limit, while your vehicle is being repaired.   
• Gap (loan/lease payoff) can be useful if you have a car loan. It helps pay the difference between your vehicle’s after-crash value and how much you still owe on the loan.  
• Excess Electronic Equipment helps pay for damaged electronic equipment or media not covered in a standard policy. 
• Automobile Death Indemnity, Specific Disability, and Total Disability Benefits provide compensation for death, dismemberment, specific disabilities, and total disability that results from a crash.

The amount of insurance that is readily available is one of the most crucial factors in an automobile accident claim. An attorney can investigate, collect evidence, and identify the compensation resources available to you.

Most car accident injuries can be settled out of court through the insurance claim process. However, if the insurance company won’t make you a substantial settlement offer, your lawyer can file a car accident lawsuit asking the courts to force payment.

Another scenario in which you may want to file a car accident lawsuit, also known as a personal injury lawsuit, is when your damages exceed the at-fault driver’s policy limits. Negligent drivers are typically responsible for the qualifying damages not covered by their insurance. 

In general, injured Oklahoma car accident victims have 2 years to file a claim or lawsuit. If this statute of limitations expires, your claim or lawsuit will likely be rejected. An attorney can investigate your car accident, collect evidence, build a strong case, and ensure you meet the legal standards and deadlines necessary for a successful injury claim.

The value of your claim may vary depending on the seriousness of your injuries, how they have affected your life, and the amount of insurance coverage that is available to cover those injuries. There are basically two types of damages you can collect – economic and non-economic.

• Economic damages are losses with stated costs like medical expenses, emergency medical fees, rehabilitation therapies like physical therapy, missed wages, and car repairs.  
• Non-economic damages are losses that do not have a predetermined value. These include losses like emotional anguish, pain and suffering, and loss of enjoyment.    

In rare cases, victims of outrageously negligent or intentionally malicious drivers (like drunk drivers and red-light runners) are awarded “punitive” damages. This is in addition to the economic and non-economic damages they collect. Punitive awards are intended to punish the at-fault driver and discourage similar behavior in the community.

A knowledgeable Oklahoma car accident attorney can identify liable parties and work hard to hold them accountable for the harm and suffering they have caused.

What if the other driver doesn’t have insurance?

If you are hit by an uninsured driver, you can file a claim with your insurance provider to collect UM benefits. UM can also be used for hit-and-run accidents and "phantom vehicle" crashes, in which it can be assumed the driver did not have insurance.

An experienced Oklahoma car accident lawyer can identify compensation resources available to you and relentlessly pursue results. Typically, car accident lawyers work for a contingency fee, which means there is no upfront or out-of-pocket expense for their services. They only get paid when they win. Let an attorney handle the insurance company for you, while you focus on healing. If you were injured in an Oklahoma car accident, contact a lawyer today for a free consultation.