Is Oklahoma a No-Fault State for Car Accidents?
There are several states in the U.S. with no-fault insurance laws, including Florida and New Jersey, but in Oklahoma, it matters who causes an accident. In no-fault insurance states, those injured in car accidents must file claims only against their own personal injury protection policies on their auto insurance except under specific circumstances, regardless of who is at fault for the accident. Oklahoma does not operate under a no-fault system but instead has a modified comparison negligence insurance system.
What Is Modified Comparison Negligence?
Under Oklahoma’s modified comparison negligence system defined in Oklahoma Civil Code §23-13, the statute states the following:
“In all actions hereafter brought, whether arising before or after the effective date of this act, for negligence resulting in personal injuries or wrongful death, or injury to property, contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage…”
In other words, even those whose actions contributed to a car accident may recover a portion of their compensation as long as they are less than 50% at fault for the accident.
How Does Modified Comparison Negligence Insurance Work?
In some car accidents, the fault clearly belongs to one driver; for instance, when a drunk driver enters a divided highway in the wrong direction. In other accidents, both drivers could share fault, for example, if a driver is tailgating another driver and causes a rear-end collision, but the car in front had broken brake lights. In these cases, the insurance company investigates the accident and determines each driver’s percentage of fault. A driver who is less than 50% at fault may recover compensation for their damages minus their percentage of fault.
As an example of Oklahoma’s fault-based insurance laws, consider what happens if one driver attempts to beat a yellow light and crosses an intersection on a red light. It would seem that they are fully at fault for the accident, but the insurance company could find them 75% at fault and the driver they hit as 25% at fault if the other driver was exceeding the speed limit when the accident occurred. If the other driver suffered injuries and property damage amounting to $100,000, but the insurance company asserts that they were 25% at fault, the insurance company only has to pay $75,000 on the claim. An Oklahoma City accident attorney can help you navigate the complexities of determining fault.
What are the Benefits and Drawbacks of Comparison-Negligence Insurance Systems?
Fault-based insurance states like Oklahoma with modified comparison-negligence insurance systems benefit car accident victims by allowing them to recover a portion of their damages even if they’re partly at fault for the accident. Unfortunately, it also incentivizes an insurance adjuster to assign injury victims a percentage of the fault so they don’t have to pay the full amount of the claim. An insurance adjuster could assign an injury victim an undue portion of blame for the accident to protect company profits.
Why Hire an Attorney After a Car Accident?
Many car accident victims hire a personal injury attorney after an accident in comparison negligence insurance states like Oklahoma to protect their rights and best interests against insurance company tactics like assigning injury victims an undue percentage of fault to lower a payout. The attorney investigates the accident, documents evidence of the at-fault party’s liability, and negotiates for the maximum compensation available in the case.