Oklahoma Car Accident Laws Explained

If you've been injured or had your vehicle damaged in an Oklahoma traffic accident, there are a number of state laws to understand, including:

• the two-year deadline for filing most car accident lawsuits in Oklahoma's civil court system
• Oklahoma's "modified comparative fault" rule, which only lets you recover compensation in court if your share of fault for the crash is less than the other person's, and
• the requirement that most Oklahoma car accidents be reported to a local police department, the State Highway Patrol, and/or the Department of Public Safety.

What Is the Oklahoma Car Accident Statute of Limitations?

A "statute of limitations" is a state law that sets a strict time limit on your right to bring a lawsuit to court.

Oklahoma Statutes title 12, section 95 sets the statute of limitations for almost all lawsuits stemming from a car accident (except those for wrongful death; more on this later). That statute gives you two years to ask the state courts for a civil remedy for any personal injury or damage to your vehicle or other personal property.

For these injury and property damage cases, the two-year "clock" starts running on the date of the accident.

If someone died as a result of the car accident, under Oklahoma Statutes title 12, section 1053 a representative of the estate must file any wrongful death lawsuit within two years, but the "clock" starts running on the day of the accident victim's death, which could be later than the date of the crash itself.

What If I Miss the Oklahoma Statute of Limitations Deadline?

Whichever deadline applies, if you try to file your lawsuit after the applicable time limit has passed, you can count on the defendant (the person you're trying to sue) pointing out that discrepancy to the court as part of a motion to dismiss. The court will almost certainly grant the motion (unless some rare exception applies to extend the filing deadline), and that will be the end of your case. That's why it's crucial to understand how the statute of applies to your situation.

Does the Oklahoma Statute of Limitations Apply to Car Insurance Claims?

No, the statute of limitations doesn't apply to a car insurance claim. Any insurance company, whether your own or the other driver's, is going to require you to make a claim—or at least give the insurer notice of an incident that could trigger a claim—"promptly" or "within a reasonable time" after the accident. That usually means a matter of days, or a few weeks at most.

And, even if you're confident that your case will be resolved through the car insurance claim process, you'll want to leave yourself plenty of time to file a lawsuit in case you need to—if for no other reason than that you'll have more leverage during settlement talks.

What Is the "Comparative Negligence" Rule in Oklahoma Car Accident Cases?

Suppose you're seriously injured in an Oklahoma car accident, and you take your case to court. The jury, after hearing all the evidence, decides that the other driver was responsible for the accident—but that you too bear part of the blame. What happens next? How does this verdict affect your right to compensation?

Oklahoma is a "modified comparative negligence" state. Under Oklahoma Statutes title 23, section 13, this means that you can still recover damages in a car-accident-related lawsuit, but your award will be reduced according to your share of negligence, as long as that share was not greater than that of other parties.

For instance, suppose that the jury determines that your injuries, pain and suffering, and other losses total $100,000. However, the jury also thinks that you were 10 percent responsible for the crash. In that situation, the total amount of your damages, $100,000, is reduced by 10 percent, or $10,000, leaving you with a total award of $90,000.

Keep in mind that if your level of fault exceeds that of the other party (or parties), you'll be barred from recovering anything at all under Oklahoma law.

The comparative negligence rule binds Oklahoma judges and juries (if your car accident case makes it to court), and it will also guide a car insurance claims adjuster when he or she is evaluating your case. Also keep in mind that since there is no empirical means of allocating fault, any assignment of liability will ultimately come down to your ability to negotiate with a claims adjuster or to persuade a judge or jury.

Do I Need to Report a Car Accident in Oklahoma?

Under Oklahoma Statutes title 47, section 10-107, when a car accident results in injury or death, the driver(s) involved must "immediately, by the quickest means of communication," give notice of the crash to the local police department (in a municipality) or to the office of the county sheriff or State Highway Patrol.

The drivers involved in the accident could also be required to submit a written report of the incident to the Department of Public Safety. See Oklahoma Statutes title 47, section 10-108 for details.

Also keep in mind that your car insurance contract almost certainly requires you to report any accident to your insurer right away.

When Is My Vehicle Considered a "Salvage" in Oklahoma?

(Note: The Oklahoma salvage vehicle rules we'll cover here only apply to vehicles manufactured within the last 10 model years. For older vehicles, you'll need to do additional research.)

Under Oklahoma law, the salvage rules apply:

• if a car insurance company pays a vehicle damage claim for less than a "total loss," but the cost of necessary repairs exceeds sixty percent of the vehicle's fair market value, and
• when an uninsured vehicle is damaged so that the cost of necessary repairs exceeds sixty percent of the vehicle's fair market value.

In these situations, the vehicle's certificate of title must be returned to Service Oklahoma, which will then issue a salvage title for the vehicle.

You can't legally drive a "salvage" vehicle in Oklahoma, but if you get the vehicle fixed and restored to "operative condition," you can apply to Service Oklahoma for a "rebuilt title."

Do I Need Car Insurance in Oklahoma?

In almost every Oklahoma car accident scenario, insurance coverage is sure to play a key role, so it's important to understand the state's liability auto insurance requirements and other coverage rules that could affect your car accident claim. Get the details on Oklahoma's car insurance rules.

If you've been involved in a car accident in Oklahoma, you might be in need of help that's beyond a summary of state laws. For legal advice that's tailored to your particular situation, you may want to contact an experienced Oklahoma car accident attorney.