Is Oklahoma a No-Fault State for Car Accidents? 2024

For safe drivers, accidents are often rare and uncommon. When an accident does occur, it can be easy to forget how fault is established and who is responsible for what. Every state handles driver liability issues differently. Some states are no-fault states when it comes to accidents, while others are at-fault states. So, is Oklahoma a no-fault state for car accidents?

At-Fault States

Also known as tort states, at-fault states assign responsibility for a car accident to the at-fault driver. If you run a red light and hit a truck, you or your car insurance will be responsible for covering damages incurred by you and the other party. Damages could also include resulting medical expenses.

Insurance companies in these states determine fault by examining evidence from the scene of the accident, police reports, and witness testimony. Sometimes, both parties agree on fault, while other accidents require more investigation. The insurance provider for the at-fault driver may require the driver to pay a deductible before coverage for repairs is disbursed.

Some states that use the at-fault system rely on comparative fault when paying compensation. If you are found to be partly at fault, the compensation would be proportional to the percentage of fault you have. At-fault states may have provisions for filing a personal injury claim if the insurance coverage is insufficient to cover damages.

How No-Fault States Work

No-fault states require both parties to file claims following a car accident. These states usually require drivers to carry personal injury protection (PIP) insurance. PIP insurance covers a range of areas, including medical expenses and lost wages. In no-fault states, there is no need to determine who is at fault. Each party’s insurance pays for its own damages.

The benefit of this approach is that filing claims is expedited since there is no need to establish who is at fault. One limitation to no-fault state problems is that PIP insurance is often insufficient to cover serious injuries. In some cases, the injured party may have the right to sue the driver who caused the accident in order to cover pain and suffering damages and extensive medical bills.

Which One Is Oklahoma?

Oklahoma is an at-fault state. Following an accident, the party who caused the accident is expected to cover all expenses incurred by the other party. Typically, this is done through the at-fault party’s insurance coverage. The insurance company belonging to the at-fault party will make a settlement offer. Often, these offers are not sufficient to cover the total costs incurred by the other party.

Hiring a personal injury attorney can often expedite the settlement process and improve the chances that you will receive fair compensation for your injuries. If the insurance settlement does not pay for all of your injuries and financial losses, your personal injury lawyer can pursue the possibility of filing a claim against the at-fault individual.

Not all personal injury law firms focus on holding negligent drivers responsible for their actions. While researching attorneys, consider reading their reviews to see what past clients have said about their services.

FAQs

Q: Is Oklahoma an At-Fault State?

A: Some states are no-fault states, while others are at-fault states. Oklahoma is an at-fault state that requires the person who caused the accident to pay for damages. When the at-fault driver has sufficient insurance coverage, the matter can often be handled by accepting a settlement offer. Personal injury attorneys often represent drivers who were injured by another driver’s negligence or misconduct.

Q: Is Oklahoma a PIP state?

A: Personal injury protection is not required for drivers in Oklahoma. PIP insurance is more common in no-fault states. The insurance commonly pays for medical treatments following a car accident. Following an accident in Oklahoma, the driver who is at fault for causing the insurance provides insurance information to the other driver for the purpose of paying for vehicle damages and medical expenses.

Q: What Happens if an Uninsured Driver Hits You in Oklahoma?

A: Oklahoma law requires all drivers to maintain a minimum level of liability insurance. Unfortunately, not everyone follows this requirement. Anyone who does not carry auto insurance is liable for a civil citation from law enforcement. Drivers who are hit by an uninsured driver can file a claim using their own insurance. The at-fault driver is still liable for damages, although compelling the at-fault driver to pay may require the services of a personal injury attorney.

Q: How Long Do I Have to Sue Someone for Personal Injury?

A: In Oklahoma, the deadline for filing a personal injury claim is two years. The exception would be if someone succumbed to injuries caused by a car accident after the day of the accident. The two-year statute of limitation for survivors to file a claim for wrongful death in that case would be two years after the day of the death. If you believe a statute of limitations is coming up, consult with an attorney as soon as possible.

Q: How Long Do You Have to Report an Accident in Oklahoma?

A: It is advisable to file a police report after any accident, preferably immediately after the collision. Filing a report can make pursuing a claim from an insurance company or individual easier. You have six months to file a report from the date of the accident. Rather than wait, go to the nearest police department following an accident to make your claim.

Schedule Your Car Accident Lawyer Consultation Today

Following a car accident in Oklahoma, one party will be found at fault for causing the accident. Oklahoma is an at-fault state, meaning the person who caused the accident is responsible for the damage. If the other driver does not have insurance or if the other company disputes who is at fault, you can hire a personal injury attorney to fight for your interests.

The car accident attorneys at 222 Injury Lawyers can fight to have you receive a fair settlement. Contact our office today to schedule your consultation.