Is Oklahoma a No-Fault State?

With more than seven million annual car crashes in the US, the importance of maintaining safety on the road cannot be overstated. Auto insurance laws are vital in mitigating these effects, not only because they ensure accident victims receive the necessary support, but because they promote safe driving.

The auto insurance regulations in the US vary from state to state, mandating various levels of coverage, affecting how incidents are managed and how victims are compensated. This article zeroes in on Oklahoma's specific auto insurance framework, so read on to learn about Sooner State’s auto insurance laws and regulations.

Defining No-Fault Insurance

No-fault insurance is a type of car insurance policy designed to speed up the claims process and reduce legal fees by having each party's own insurance company pay for the damages regardless of who is at fault in an accident. Some states in the US adopt this system to streamline post-accident proceedings and minimize the need for costly and time-consuming litigation.

Under no-fault insurance, drivers are required to carry Personal Injury Protection (PIP) coverage as part of their auto insurance policies. This coverage ensures that in the event of an accident, individuals can receive prompt medical attention and reimbursement for lost wages without having to prove the other driver's liability.

However, there are limitations to what no-fault insurance covers, and policies vary from state to state. In general, while no-fault insurance covers personal injury and associated costs, it does not cover property damage or pain and suffering without meeting certain thresholds.

Understanding the Legal Framework in Oklahoma

The state of Oklahoma does not operate under the no-fault insurance system explained above. Instead, it uses a traditional fault-based, or "tort," system for car accidents which mandates that drivers who are found to be at fault for a car accident on Oklahoma’s roads are responsible for paying the damages incurred by the other party.

Oklahoma is defined as an at-fault state under the Oklahoma Statutes §47-10-103, which outlines the responsibilities and consequences for drivers involved in accidents resulting in vehicle damage​​. [OKSenateGov]

Drivers in Oklahoma are therefore required to carry liability insurance to cover bodily injury and property damage that they may cause to others in an accident. The requirement for drivers in Oklahoma to carry liability insurance is outlined in the 2014 Oklahoma Statutes, Title 47, Section 47-7-601.

Example Scenario

Under the above system, after an accident, the injured party has the right to file a claim against the driver being identified as at-fault based on the evidence.

After the accident, Driver B, being the non-at-fault party, would file a claim with Driver A's insurance company for the damages and medical expenses. This involves submitting evidence of the accident's impact, such as repair estimates for the car and medical bills.

Once the claim is filed, Driver A's insurance company assesses the damages and injuries to determine the compensation owed to Driver B. They review the evidence, determine the costs associated with the accident, and ensure that the payment aligns with the terms of Driver A’s policy.

The insurance coverage will be applied according to Driver A's policy limits. Once liability is confirmed, payments are made to cover Driver B's vehicle repairs and medical expenses.

If the costs exceed Driver A's coverage limits, Driver B may need to use their own underinsured motorist coverage, file a lawsuit against Driver A for the remaining damages, or use collision or health insurance policies they hold to cover the gap.

Comparative Negligence in Oklahoma

In Oklahoma, the statute that defines Comparative Negligence is Title 23, Section 13 of the Oklahoma Statutes.

This law establishes that if a plaintiff is found to be partially at fault for the accident or injury, their compensation can be reduced in proportion to their degree of fault, provided their fault is less than that of the defendant(s). This is known as the "modified comparative negligence" rule. [OKSenateGov]

Continuing with the above example, if Driver B was found to be 10% at fault for the accident because they were slightly over the speed limit, and Driver A was 90% at fault for running the red light, under Oklahoma's modified comparative negligence rule, Driver B's compensation would be reduced by their percentage of fault.

Therefore, if Driver B's total damages were $10,000, they would receive $9,000 after the 10% reduction for their share of the fault.

Benefits and Drawbacks of At-Fault Insurance in Oklahoma

Like any system, the at-fault insurance model in Oklahoma has its benefits and drawbacks, reflecting the complexities and challenges of navigating post-accident procedures.

Benefits

• Encourages responsible driving by holding at-fault drivers financially responsible.
• May result in lower insurance rates for those without faults.
• Facilitates a more straightforward approach for victims to obtain damages.

Drawbacks

• Complicates the recovery process as victims must prove the other party's fault.
• At-fault drivers may face significant financial burdens if uninsured or underinsured.
• Increases likelihood of litigation between parties involved.

All in all, Oklahoma’s approach to insurance underscores a balance between promoting responsibility on the roads and addressing the challenges inherent in determining fault and managing subsequent claims.

Filing Personal Injury Claims

If you were involved in a car accident in Oklahoma and need some help with the personal injury claiming process, you can use our simple step-by-step to guide you:

1. Seek Medical Attention – Prioritize your health and see a doctor immediately. Medical records are crucial for documenting your injuries and treatments, which will support your claim.
2. Report the Accident – Notify the police to get an official accident report. Ensure you obtain a copy for your records.
3. Gather Evidence – Take photos of the scene, vehicles, injuries, and road conditions. Collect witness contact information for corroborating your account.
4. Notify Your Insurance Company – Inform your insurance provider about the accident promptly. Provide all relevant details and documentation to support your claim.
5. Consult With a Personal Injury Attorney – Consider seeking legal guidance from personal injury attorneys specializing in motor vehicle accidents. They can help navigate the complexities of the claims process and advocate for fair compensation on your behalf.
6. File the Claim – File your claim with the at-fault driver’s insurance company presenting all the necessary documentation, including medical records, police reports, and evidence from the accident scene, you gathered. Your attorney will help you with this process.

Oklahoma car accident attorneys can also negotiate with the insurance company on your behalf to secure a fair settlement that adequately compensates you for your injuries and losses.