What Happens When a Car Accident Claim Exceeds Insurance Limits in Oklahoma?

Clayton T. Hasbrook

Written by Clayton T. Hasbrook. Last modified on June 4, 2024

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When damages exceed the at-fault driver’s insurance limits, the injured party may have several options to pursue additional compensation:

  1. Underinsured Motorist Coverage (UIM): If the injured driver has UIM coverage as part of their own insurance policy, they may file a claim with their own insurance company to cover the difference between the at-fault driver’s insurance limits and the actual damages sustained. However, UIM coverage is optional in Oklahoma, so it’s important to review your policy to determine if you have this protection.
  2. Personal Assets: The injured party may attempt to recover damages from the at-fault driver’s personal assets, such as savings accounts, investments, or property. However, this option can be challenging, as many individuals may not have sufficient assets to cover the excess damages. Pursuing personal assets often requires filing a personal injury lawsuit against the at-fault driver, which can be a lengthy and expensive process. Even if a judgment is obtained, collecting on that judgment may be difficult if the driver has limited assets or declares bankruptcy.
  3. Multiple Defendants: If multiple parties were at fault for the accident, the injured party may pursue compensation from each of their insurance policies, increasing the total available coverage. For example, if the at-fault driver was working at the time of the accident, their employer may share responsibility for the damages.

What if the at-fault driver has no insurance?

If the at-fault driver is uninsured, you may need to rely on your own uninsured motorist coverage (UM) or file a lawsuit against the driver directly. UM coverage can help pay for your damages if you’re involved in an accident with an uninsured driver, but like UIM coverage, it is optional in Oklahoma. If you don’t have UM coverage and need to pursue the uninsured driver directly, an experienced personal injury lawyer can help you explore your options and guide you through the legal process.

Oklahoma’s Minimum Car Insurance Requirements

Minimum Car Insurance RequirementsOklahoma law requires drivers to carry a minimum amount of liability insurance coverage, as specified in Oklahoma Statutes Title 47, Section 7-103:

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $25,000 per accident for property damage

These limits represent the maximum amount an insurance company will pay on behalf of their insured driver in an accident. While these limits may appear substantial, they can quickly be exhausted in a serious accident. For example, if a driver causes an accident resulting in multiple injuries, the medical expenses and lost wages for the injured parties can easily surpass the $50,000 per accident limit. Similarly, if the accident involves a high-value vehicle or extensive property damage, the $25,000 property damage limit may not be sufficient to cover the costs.

The Role of an Experienced Car Accident Attorney

Navigating a car accident claim that exceeds insurance limits can be complex and challenging. An experienced Oklahoma car accident attorney can provide invaluable assistance throughout the process:

  • Investigation and Evidence Preservation: An attorney can investigate the accident and gather critical evidence to support your claim, such as police reports, witness statements, medical records, accident scene photos, damage photos, and expert testimony (e.g., accident reconstruction specialists). It’s crucial to act quickly to preserve evidence, as it can become more difficult to obtain over time.
  • Identifying Sources of Compensation: A skilled attorney can help identify all potential sources of compensation, including UIM coverage, personal assets, and additional liable parties. They can also advise you on the likelihood of recovering from each source and develop a strategy to maximize your compensation.
  • Negotiation and Litigation: An attorney can negotiate with insurance companies to seek a fair settlement on your behalf. If a settlement cannot be reached, they can file a personal injury lawsuit and represent you in court, presenting a strong case to protect your rights and interests.

Oklahoma’s Comparative Negligence Law

Oklahoma follows a modified comparative negligence rule, as outlined in Oklahoma Statutes Title 23, Section 13. Under this rule, you can still recover damages even if you were partially at fault for the accident, as long as your percentage of fault is less than 50%. However, your damages will be reduced by the percentage of your fault.

For example, if you are found to be 20% at fault for the accident and your damages are $100,000, you would be able to recover $80,000 (80% of your total damages). However, if you are found to be 50% or more at fault, you will not be able to recover any damages from the other party.

Types of Recoverable Damages

In a car accident claim, you may be able to recover various types of damages, including:

  • Economic damages: Medical expenses (past and future), lost wages, property damage, and other quantifiable financial losses
  • Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and other subjective losses
  • Punitive damages: In rare cases involving particularly egregious conduct, such as drunk driving, the court may award punitive damages to punish the at-fault party and deter similar behavior in the future

An experienced personal injury lawyer can help you assess the full extent of your damages and build a strong case to seek maximum compensation.

Protecting Your Rights After a Car Accident in Oklahoma

To protect your rights and maximize your chances of obtaining full compensation after a car accident, it’s essential to:

  • Seek medical attention promptly and follow your doctor’s treatment plan
  • Document your injuries, medical expenses, and other losses
  • Avoid giving recorded statements to insurance companies without consulting an attorney
  • Refrain from admitting fault or apologizing at the accident scene, as this can be used against you later
  • Be aware of the statute of limitations for filing a personal injury lawsuit, which is generally two years from the date of the accident in Oklahoma
  • Contact an experienced Oklahoma car accident attorney as soon as possible

The Claims Process Timeline

The timeline for resolving a car accident claim can vary depending on the complexity of the case and the willingness of the insurance companies to negotiate. A typical claims process may involve:

  1. Initial consultation with an attorney
  2. Investigation and evidence gathering
  3. A demand letter sent to the insurance company
  4. Negotiations with the insurance company
  5. Filing a lawsuit if a settlement cannot be reached
  6. The discovery process, including depositions and expert witness testimony
  7. Mediation or settlement negotiations
  8. Trial, if necessary

A personal injury lawyer can help keep your case moving forward and work to achieve a timely resolution, whether through settlement or trial.

Fact-Checked

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.