If you have been injured in an auto accident, you may be seeking damages for personal injury. This is a stressful time. To relieve some of the stress, it is helpful to know the law in Oklahoma regarding liability and car insurance, as laws vary from state to state. An auto accident lawyer wants you to know the following four facts.
- First, it is crucial to understand that Oklahoma is a “fault” state for car accidents. Simply put, that means that the driver who is liable for the car accident is at fault for any injury or damage to property resulting from the accident. The responsible party’s insurance covers injury or damage as a result. This differs from “no-fault” states, in which generally an injured party goes to his or her own insurance company to cover any injuries.
- Second, if you are the injured party in a car accident, you can pursue damages via several methods in Oklahoma. These include:
- Filing a claim with the at-fault driver’s insurer
- Filing a claim with your own insurer. (Your insurer will likely file a claim with the at-fault driver’s insurer, called a subrogation claim.)
- Filing a lawsuit against the at-fault driver
- Third, under Oklahoma law, motor vehicle owners must carry liability insurance on the vehicles they drive.
- Fourth, there are minimum coverage laws for this motor vehicle liability insurance. For the injury or death of one person, whether yourself, a passenger, another driver, a pedestrian, bystander, and so forth, Oklahoma mandates that there be $25,000 in coverage. For the injury or death of more than one person in one accident, the minimum liability coverage is $50,000. There is also a mandated minimum liability coverage of $25,000 for property damage.
The laws and approaches to the aftermath of an accident are complex, and it is highly advisable to consult with an attorney. Please contact us if you or a loved one have been in an accident.