What Is Mandatory Insurance Coverage In Oklahoma?
The consequences of a serious car accident can be devastating, with painful, expensive medical procedures, missed workdays, and sometimes an unknown future ahead. These consequences become the “damages” in a car accident claim. In Oklahoma, the person who causes an accident is responsible for the victim’s damages. For this reason, Oklahoma requires all drivers to carry auto insurance. Like other states, Oklahoma has a mandatory minimum insurance coverage requirement for drivers. If you were injured in an accident, please contact a car accident attorney in Oklahoma City.
What Is the Minimum Insurance Coverage Required In Oklahoma?
Oklahoma encourages drivers to add additional coverage, but the minimum required insurance is liability insurance to cover damages to others if the policyholder causes an accident. Oklahoma compels drivers to carry at least the basic liability coverage in Oklahoma which includes the following:
- $25,000 coverage for bodily injury per person
- $50,000 in bodily injury coverage per accident for injuries to multiple motorists
- $25,000 in property damage per accident
Oklahoma law does not require drivers to carry uninsured/underinsured motorist coverage, but it does require insurance providers to offer it to every motorist. A driver may decline this extra coverage or choose the amount of uninsured motorist coverage they want to carry for an additional premium. This coverage pays the policyholder compensation if they have an accident and the at-fault driver doesn’t have insurance or if the policyholder’s damages far exceed the limits of the at-fault driver’s coverage.
How Does Oklahoma’s Modified Comparative Negligence Insurance Work?
Oklahoma has a fault-based insurance system using the modified comparative negligence model. Under 23 OK Stat § 13 (2023), the law states the following:
“In all actions hereafter brought …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, an accident victim may recover compensation for their damages as long as they are not more than 50% at fault for the accident.
How Does Comparative Negligence Insurance Law Impact My Claim?
Under this comparative negligence statute, the insurance company subtracts the percentage of the injury victim’s fault from their compensation. For example, if another driver runs through a stop sign and T-bones another car, they may appear to be completely at fault. But if the insurance company finds that the other driver didn’t have their headlights on and it was a foggy morning, they could determine that the other driver shared fault. If they assign that driver 20% of the fault, and the driver’s damages add up to $100,000, the insurance company must pay out $80,000.
This system benefits those who are partly responsible for an accident because they can still recover a portion of their compensation; however, it also incentivizes an insurance company to assign fault to injury victims to protect their bottom line.
How Can an Oklahoma Car Accident Attorney Help?
Because the insurance company sometimes uses the comparison negligence system to avoid paying out the full value of a claim, it’s beneficial to have an assertive attorney to defend your best interests against this and other common tactics used to undervalue, delay, or deny claims. Call a personal injury lawyer in Oklahoma City from Dan Davis Law in Oklahoma City for experienced representation in your claim.