Car accidents can be life-altering events, bringing physical injuries, emotional distress, and financial burdens. If you’re involved in a car accident in Oklahoma, understanding the state’s car accident laws is crucial for protecting your rights and seeking appropriate compensation. Here’s a breakdown of key aspects of Oklahoma car accident laws that every driver should know.
Fault-Based System
Oklahoma follows a fault-based system for car accidents, also known as a tort system. This means the party responsible for causing the accident is liable for the resulting damages. If you are injured in a car accident, you have three primary options for seeking compensation:
- File a claim with your own insurance company.
- File a claim with the at-fault party’s insurance company.
- File a personal injury lawsuit against the at-fault party.
Comparative Negligence
Oklahoma uses a comparative negligence rule to determine compensation in car accident cases. Under this rule, you can recover damages even if you are partially at fault for the accident, as long as your degree of fault is less than 50%. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault and your damages amount to $10,000, you would receive $7,000.
Statute of Limitations
In Oklahoma, the statute of limitations for filing a personal injury lawsuit after a car accident is two years from the date of the accident. Failing to file within this time frame typically results in losing your right to pursue compensation. For property damage claims, the statute of limitations is three years.
Mandatory Insurance Requirements
Oklahoma law requires all drivers to carry minimum liability insurance coverage:
- $25,000 for bodily injury or death per person
- $50,000 for total bodily injury or death per accident
- $25,000 for property damage
It’s essential to have this coverage to comply with state law and ensure financial protection in case of an accident.
Reporting Requirements
Oklahoma law mandates that you must report a car accident to the local police, county sheriff, or the Oklahoma Highway Patrol if it results in injury, death, or property damage exceeding $300. Prompt reporting is vital for legal and insurance purposes.
Uninsured/Underinsured Motorist Coverage
While not required by law, Oklahoma drivers are encouraged to carry uninsured/underinsured motorist (UM/UIM) coverage. This insurance helps cover your expenses if you’re involved in an accident with a driver who has insufficient or no insurance. UM/UIM coverage can provide peace of mind and financial protection in such scenarios.
Steps to Take After an Accident
Knowing what to do immediately following a car accident can significantly impact your ability to recover compensation:
- Ensure Safety: Move to a safe location if possible and check for injuries.
- Call 911: Report the accident to law enforcement and seek medical attention if necessary.
- Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries.
- Exchange Information: Collect contact and insurance information from the other driver(s).
- Notify Your Insurance Company: Report the accident to your insurer promptly.
- Consult an Attorney: Consider seeking legal advice to understand your rights and options.
Conclusion
Understanding Oklahoma car accident laws is essential for navigating the aftermath of a collision. By knowing your rights and responsibilities, you can make informed decisions and take appropriate actions to seek the compensation you deserve. If you have questions or need assistance, consulting with a personal injury attorney can provide valuable guidance and support.
