Yes, especially once the at-fault driver is unidentified or underinsured. Oklahoma requires drivers to stop and exchange information after any crash (47 O.S. § 10-104), and when a driver flees, your claim usually shifts to your own insurer’s uninsured motorist coverage, a process insurers dispute more than they explain.
If you have been in a hit-and-run crash in Oklahoma City, you are probably dealing with two problems at once: an unidentified or fleeing driver, and an insurance company that has to be convinced to pay anyway. Hasbrook & Hasbrook handles hit-and-run claims regularly and can help you sort out both.
What Oklahoma Hit-and-Run Laws Require
A driver involved in a crash that damages a vehicle must stop, stay at the scene, and give their name, address, and registration and insurance information; leaving without doing so is a misdemeanor, and the driver becomes civilly liable for three times the value of the property damage caused, on top of any criminal penalty (47 O.S. § 10-103). If the crash injured or killed someone, the driver must also render reasonable aid and see that police are notified right away (47 O.S. § 10-107). We look at whether the driver who hit you met these obligations and use any violation to support your claim.
Why Drivers Flee the Scene
Understanding why a driver fled does not excuse it, but it helps explain what you are dealing with. Hit-and-run crashes are a persistent problem nationally, not just in Oklahoma City, which is part of why lawmakers treat fleeing as a separate offense from the crash itself (see the National Highway Traffic Safety Administration’s road safety resources). Common reasons drivers leave include:
- Fear of arrest or criminal charges.
- No insurance, or a lapsed policy the driver does not want to admit to.
- Impairment behind the wheel from alcohol or drug use at the time of the crash.
- Outstanding warrants or other unrelated legal trouble.
- Panic or confusion, including a mistaken belief that no one was hurt.
Immediate Steps After a Hit and Run
Call the police. A report creates an official record and starts an investigation; describe the fleeing vehicle and driver in as much detail as you can, including the direction they were headed. Oklahoma City has its own police department for crashes inside city limits (see the Oklahoma City Police Department), and your report becomes part of both your insurance claim and any later legal action.
Get checked out by a medical provider right away, regardless of how minor the crash felt at the time. Soft-tissue and head injuries in particular can take a day or more to become noticeable, and a medical record created close to the crash date carries far more weight later than one created weeks after the fact.
Gather what evidence you can. Photograph both vehicles’ damage, any paint transfer or debris left behind, and the surrounding scene. Get names and phone numbers from witnesses before they leave; ask nearby homes or businesses whether their security or doorbell cameras caught the crash. A partial license plate, a vehicle color and description, or a witness who saw the driver can be enough for police to make an identification later.
Can You Still Recover If You Were Partially at Fault?
In most cases, yes. Oklahoma follows a comparative negligence rule: you can still recover damages as long as your share of fault is not greater than the combined fault of the other parties in the crash (23 O.S. § 13). This matters more, not less, in a hit-and-run where the fleeing driver was never found, since there is no other driver’s insurer to point the finger at, and an adjuster may try to place more fault on you than the evidence supports.
Legal Consequences for the Driver Who Fled
Beyond the misdemeanor and treble-damages exposure described above, a driver who flees after causing injury or death can face far more serious criminal charges once identified, up to a felony depending on the circumstances. On the civil side, you can pursue the same categories of compensation available in any car accident claim: medical bills, lost wages, and pain and suffering. If the driver fled to avoid a DUI arrest or otherwise acted with reckless disregard for others’ safety, Oklahoma law also allows punitive damages in the civil case on top of compensatory damages (23 O.S. § 9.1).
Insurance and Compensation When the Driver Isn’t Identified
If the fleeing driver is later identified, you pursue your claim against their liability coverage the same way you would with any other at-fault driver, though the claims process often runs differently when your own insurer ends up involved on the front end (see our overview of how the claims process differs when your own insurer is involved).
If the driver is never identified, most Oklahoma auto policies include uninsured motorist coverage that pays out as though the unidentified driver had been carrying required coverage. The Oklahoma Insurance Department publishes plain-language explanations of what this coverage does and does not do (see its auto insurance myths page). We can walk you through what to do if the fleeing driver is never identified, including how to preserve your claim while the investigation continues.
Statute of Limitations: How Long You Have to File
You generally have two years from the date of the crash to file a personal injury lawsuit in Oklahoma (12 O.S. § 95). That deadline runs whether or not the driver has ever been identified, so an ongoing police investigation is not a reason to let it lapse. See our page on how the filing clock works if the driver still hasn’t been identified. Reporting the crash to police promptly also matters for your insurance claim, separately from this court filing deadline.
When to Consider Hiring a Lawyer
- The driver was never identified and you are relying on uninsured motorist coverage.
- Your own insurance company is disputing, delaying, or lowballing the claim.
- The crash caused a serious injury, or the driver may face criminal charges once found.
- You are unsure whether a hit-and-run claim usually ends up in court or can be resolved through the claims process alone.
How We Handle Hit-and-Run Cases
We gather and preserve evidence while it still exists, deal directly with your insurance company on the uninsured motorist claim, and pursue the driver once law enforcement identifies them. You can review case outcomes we’ve obtained in prior Oklahoma City crash claims and what past clients say about working with our office.
Hasbrook & Hasbrook offers a free consultation to review what happened and explain your options, including the uninsured motorist claim if the driver who hit you was never found. Tell us what happened in your hit-and-run crash and we will walk you through the next steps.
