Oklahoma Motor Vehicle Accident Laws

Insurance Requirements

System type: Oklahoma operates under a fault-based insurance system. This means that the driver who causes an accident is financially responsible for damages, including medical expenses and property repairs. Accident victims have three options to seek compensation:

• Filing a claim with their own insurance company
• Filing a third-party claim against the at-fault driver’s insurer
• Filing a personal injury lawsuit against the at-fault driver

Minimum coverage requirements: Oklahoma law requires all drivers to maintain liability insurance with at least the following coverage limits:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury (if multiple people are injured)
• $25,000 per accident for property damage

These minimum limits ensure financial protection for accident-related costs, but severe injuries and extensive property damage may exceed these amounts, leaving drivers personally responsible for any uncovered expenses.

Optional coverages: While Oklahoma only mandates liability insurance, drivers can opt for additional coverage to protect themselves from out-of-pocket costs, including:

• Uninsured/underinsured motorist (UM/UIM) coverage: Helps cover medical expenses and damages if the at-fault driver lacks sufficient insurance or flees the scene (hit-and-run)
• Medical Payments coverage (MedPay): Pays for medical expenses for the policyholder and passengers, regardless of fault
• Collision coverage: Covers vehicle repairs or replacement after an accident, regardless of fault
• Comprehensive coverage: Protects against non-collision damage such as theft, vandalism, fire, and natural disasters

Penalties for non-compliance: Drivers must carry proof of insurance and present it upon request by law enforcement. Failure to provide valid insurance can result in fines of up to $250, suspension of driver’s license and vehicle registration, possible jail time of up to 30 days, and reinstatement fees of up to $300 plus additional administrative costs. Additionally, uninsured drivers who cause an accident are personally liable for all resulting damages, and their wages or assets may be subject to garnishment if they cannot pay.

Rideshare drivers: Drivers for Uber, Lyft, and other rideshare services in Oklahoma must carry additional insurance coverage.

• App on, but no passenger (Period 1): Minimum coverage of $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage
• Ride accepted or passenger on board (Periods 2 and 3): $1,000,000 in liability coverage plus UM/UIM coverage

Rideshare drivers should review their policies and consider rideshare-specific insurance to avoid coverage gaps.

Fault Laws

Modified comparative negligence in Wyoming

Oklahoma follows a modified comparative fault rule, meaning that an injured party can recover compensation as long as they are not more than 50% at fault for the accident. If a claimant is found partially responsible, their compensation is reduced by their percentage of fault. However, if they are 51% or more at fault, they are barred from recovering any damages.

For example, if a driver is found 20% at fault in an accident resulting in $100,000 in damages, they can recover $80,000 in compensation. However, if the driver is determined to be 51% or more at fault, they cannot recover any damages from the other party.

Because fault impacts financial recovery, gathering evidence—such as police reports, eyewitness statements, accident reconstructions, and video footage—is essential to minimizing any assigned fault and maximizing compensation.

Multi-vehicle accidents

In crashes involving multiple vehicles, liability is distributed among all responsible drivers. Each driver’s level of fault determines the portion of damages they must cover. Given Oklahoma’s fault-based insurance system, the at-fault driver’s insurance is primarily responsible for covering damages, but determining liability can be complex, often requiring legal intervention and expert analysis.

Passenger considerations

Passengers in Oklahoma car accidents typically are not assigned fault and can file injury claims against any at-fault driver involved in the crash. However, if a passenger’s own negligence—such as not wearing a seatbelt—contributed to their injuries, their compensation may be reduced under the comparative fault rule.

Statute of Limitations

Personal injury claims

Oklahoma law allows two years from the date of an accident to file a personal injury lawsuit. This applies to drivers, passengers, pedestrians, and bicyclists seeking compensation for medical expenses, lost wages, and other accident-related damages.

Property damage claims

Victims of a car accident have two years from the date of the crash to file a property damage claim against the at-fault party. This covers vehicle repairs, replacement costs, and other property damage losses resulting from the accident.

Wrongful death lawsuits

If an accident results in a fatality, the deceased person’s family or estate has two years from the date of death to file a wrongful death lawsuit against the at-fault party. Compensation may cover funeral expenses, loss of income, and emotional distress.

Claims against government entities

When filing a claim against a government entity or public employee in Oklahoma, a notice of claim must be submitted within one year before a lawsuit can be filed. This notice must detail the time, place, and circumstances of the accident, along with the damages being sought.

Exceptions to the statute of limitations:

• Minors: If the injured party is under 18, the statute of limitations may be extended until they reach adulthood
• Discovery rule: If injuries are not immediately apparent, the statute of limitations may begin when the injury is discovered or should have been reasonably discovered
• Absence of the at-fault party: If the at-fault driver leaves Oklahoma, the statute may be paused until they return

Accident Reporting Requirements

When to report an accident

Oklahoma law requires drivers to immediately report a motor vehicle accident if it meets any of the following conditions:

• Injury or death:  If any person involved in the accident is injured or killed
• Property damage: If the crash results in more than $300 in damage to a vehicle or other property
• Uninsured driver involved: If the accident involves a driver who does not have valid auto insurance coverage

Drivers have up to six months to report an accident involving only property damage if it is not initially reported to law enforcement. However, reporting immediately is recommended to ensure a record is created for insurance and legal purposes.

If law enforcement officers respond to the accident and generate a report, the driver is not required to file a separate report with the Oklahoma Department of Public Safety (DPS). However, if an officer does not respond, the driver must report the accident at the nearest police station or DPS office as soon as possible.

Failure to report an accident when required by law can result in misdemeanor charges, fines, and potential license suspension. Ensuring timely reporting helps protect your legal rights and strengthens any insurance or legal claims you may need to file.

Filing accident reports

Drivers must notify law enforcement using the quickest available means. The appropriate agency depends on the accident location:

• Within city limits: Contact the local police department
• Outside city limits: Notify the Oklahoma Highway Patrol or the county sheriff’s office

If law enforcement responds to the scene, the investigating officer will document the accident, interview those involved, and file an official collision report (which also comes in computer-fillable format). This report is then forwarded to the Oklahoma Department of Public Safety (DPS) for record-keeping.

For crashes involving only property damage, drivers must complete and submit a collision report if a police officer does not file an official report. 

How to access accident reports

Accident reports are often necessary for insurance claims, legal proceedings, and personal records. In Oklahoma, reports can be obtained through the Oklahoma Department of Public Safety (DPS) using the following methods:

• Online request: Available via the DPS online portal
• By mail: Submit a written request using the Collision Report Request Form to:

Service Oklahoma
Business Support Services
PO Box 11415
Oklahoma City, OK 73136-0415

Include a self-addressed stamped envelope and payment (cashier’s check, money order, or business check; no cash accepted).

• By email: Email the completed form to sokrecords@service.ok.gov and mail the required payment separately to the above address. Reports sent by email will be encrypted for security
• In-person request: Fill out the required form and visit a local DPS office or Oklahoma Highway Patrol Headquarters at:

6015 N Classen Blvd, Oklahoma City, OK 73118

Payment options include cash, credit/debit card, cashier’s check, money order, or business check

A $7 processing fee applies for standard reports, with an additional $3 certification fee for certified copies. Processing times may take up to 30 days, depending on the method of request.

Note: for accident reports filed with the Oklahoma City Police Department, requests must be made via mail or in person at:

Police Records and Reports
700 Colcord Drive, Oklahoma City, OK 73102
Phone: (405) 297-1112
Open Monday to Friday, 7:30 AM to 7 PM.

Additional considerations

Hit-and-run cases: If a driver flees the scene, report the incident immediately to law enforcement and provide any identifying details, such as the vehicle’s make, model, color, and license plate number.

Uninsured motorists: If the other driver does not have valid insurance, you may need to file a report with DPS and consider submitting an uninsured motorist claim with your own insurance provider.

Municipal reporting rules: Some cities and counties have additional reporting requirements. For example, Tulsa and Oklahoma City allow for online self-reporting for minor accidents.

Compensation Limits

Economic damages: Oklahoma does not impose a cap on economic damages in car accident cases. Victims can seek full compensation for medical bills, lost wages, rehabilitation costs, property damage, and other tangible losses. However, recovery may be limited by the at-fault driver’s insurance policy, which must meet the state’s minimum liability coverage of $25,000 per person, $50,000 per accident for bodily injury, and $25,000 for property damage. If damages exceed these limits, victims may pursue compensation through Uninsured/Underinsured Motorist (UM/UIM) coverage or by filing a personal injury lawsuit.

Non-economic damages: There is no statutory cap on non-economic damages in Oklahoma for car accident claims, allowing victims to recover for pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability. Compensation is subject to Oklahoma’s modified comparative negligence rule, meaning that if a victim is 51% or more at fault, they are barred from recovery. If partially at fault, their compensation is reduced by their percentage of fault.

Punitive damages: Punitive damages in Oklahoma are capped based on the level of misconduct by the at-fault party:

• Standard negligence cases: Limited to the greater of $100,000 or the amount of actual damages awarded
• Malicious or intentional misconduct cases: The cap increases to $500,000 or twice the actual damages, whichever is greater

Punitive damages are awarded only in cases of willful misconduct, gross negligence, or intentional harm, such as drunk driving or reckless endangerment. ]

Claims against government entities: Under the Oklahoma Governmental Tort Claims Act (OGTCA), compensation for accidents involving government vehicles or employees is subject to strict limits:

• $25,000 per incident for property damage
• $125,000 per claimant per incident for personal injury
• $175,000 per claimant per incident if the claim is against a city or county with a population over 300,000
• $200,000 per incident for medical malpractice involving state-owned hospitals
• $1,000,000 aggregate cap for all claims arising from a single incident
• Punitive damages cannot be awarded against government entities

A notice of claim must be filed within one year before pursuing legal action against a government entity. Certain exceptions may apply, such as if the government carries private insurance exceeding statutory caps.

Special considerations:

• Modified comparative negligence rule: Victims can recover damages only if they are 50% or less at fault. Compensation is reduced by their assigned percentage of fault
• Punitive damages threshold: Plaintiffs must provide clear and convincing evidence that the at-fault party acted with reckless disregard for safety
• Government claims deadline: A one-year notice requirement applies, with strict procedural requirements for filing a claim

Medical Coverage Considerations

Navigating medical coverage after a car accident in Oklahoma involves understanding the state’s at-fault insurance system and the various options available to manage healthcare expenses.

Liability insurance: Oklahoma operates under an at-fault system, meaning the driver responsible for the accident is liable for resulting damages, including medical bills. However, compensation from the at-fault driver’s insurance may be delayed until fault is established, and their policy limits might not fully cover your expenses. In such cases, you may need to explore additional coverage options.

Medical Payments coverage (MedPay): While not mandatory in Oklahoma, MedPay is an optional coverage that helps pay for medical expenses incurred due to a car accident, regardless of who is at fault. This can include costs like ambulance services, hospital visits, surgeries, and rehabilitation. MedPay ensures immediate access to funds for medical treatment, allowing you to receive care without waiting for fault determination or insurance disputes.

Uninsured/underinsured motorist (UM/UIM) coverage: This optional coverage provides a financial safety net if the at-fault driver lacks sufficient insurance or is entirely uninsured. UM/UIM can help pay for medical expenses, lost wages, and pain and suffering when the responsible party cannot fully cover the damages. Given that not all drivers carry adequate insurance, having UM/UIM coverage is highly recommended.

Health insurance: Your health insurance can serve as secondary coverage for medical costs not fully covered by auto insurance. However, health insurers may require reimbursement from any accident settlement, a process known as subrogation. It’s important to coordinate your auto and health insurance claims carefully to avoid unexpected repayment obligations.

Government assistance programs: For eligible individuals, programs like Medicaid (SoonerCare in Oklahoma) and Medicare can provide essential medical coverage following a car accident. Beneficiaries should report accident-related claims promptly to ensure smooth processing and prevent potential coverage disputes.

Medical liens and letters of protection: If you’re unable to pay for medical treatment upfront, some healthcare providers may agree to treat you in exchange for placing a lien on any future settlement. Personal injury attorneys can also issue letters of protection to medical providers, guaranteeing payment upon settlement. These arrangements allow you to receive the necessary treatment without immediate financial strain.

Important considerations:

• Immediate medical care: Seeking prompt treatment not only ensures proper recovery but also creates essential documentation for insurance claims and legal cases
• Detailed records: Keeping comprehensive records of medical bills, insurance communications, and treatments can streamline the claims process and support your case
• Legal assistance: Consulting with a personal injury attorney can help you navigate insurance complexities, negotiate medical liens, and maximize your financial recovery

Unique Local Factors

Wyoming’s vast landscape, unpredictable weather, and unique traffic patterns create distinct challenges for drivers. Understanding these factors can help reduce accident risks and improve road safety.

Weather and road conditions: Oklahoma’s location makes it susceptible to various weather-related hazards.

• Severe storms and tornadoes: Situated in Tornado Alley, Oklahoma frequently experiences severe thunderstorms and tornadoes, especially from April to June. These storms can lead to hazardous driving conditions due to heavy rainfall, hail, and strong winds
• Winter weather: Snow, ice, and freezing rain can create treacherous road conditions during winter months. Drivers should exercise caution and stay updated on weather forecasts
• Flash flooding: Heavy rainfall can result in flash floods, particularly in low-lying areas. It’s essential to avoid driving through flooded roadways  

Wildlife crossings: Oklahoma’s rich biodiversity means drivers may encounter animals on the road.

• Deer Activity: White-tailed deer are prevalent, especially during mating seasons. Collisions with deer can cause significant vehicle damage and injuries. Drivers should be vigilant, particularly during dawn and dusk

Traffic and rural roadway hazards: The state’s mix of urban centers and rural areas presents unique driving challenges.

• Rural roads: Many rural roads may have limited lighting and narrower lanes. Drivers should remain cautious, especially at night
• Open-range areas: In certain regions, livestock may roam freely onto roadways, posing unexpected hazards

Local Resources & Contacts

State agencies:

Oklahoma Department of Transportation (ODOT): Provides updates on road conditions, construction projects, and travel advisories 

• Website: https://oklahoma.gov/dps.html
• Phone: (405) 425-2424

Oklahoma Department of Public Safety (DPS): Manages driver licensing, vehicle registration, and highway safety enforcement

• Website: https://oklahoma.gov/dps/programs-services/ohp.html
• Phone: (405) 425-2424

Oklahoma Highway Patrol (OHP):

• Website: https://whp.wyo.gov
• Phone: (405) 425-2424