What Happens If the Person at Fault in an Accident Has No Insurance in Oklahoma?

Oklahoma is known as a ‘fault state' or ‘tort state' for car accident liability. This means that, according to Oklahoma's Auto-Insurance Claim Laws, the at-fault driver's auto insurance is required to cover the other party's medical expenses, pay for all vehicular and property damages, and other losses suffered, including compensation for non-economic damages (pain and suffering). Where the at-fault driver has no insurance, recovering expenses can be challenging, but it is possible. For instance, the injured/aggrieved party can file a personal injury or property damage suit in a civil court. They may also pursue compensation through their auto-insurance policy if they have Uninsured/Underinsured Motorist Coverage (UM/UIM). Driving without insurance is classified under Oklahoma traffic violations and infractions, and may result in fines, license suspension, vehicle impoundment, and additional legal consequences—especially if the uninsured driver is found at fault in a crash.

Is It Illegal To Drive Without Insurance In Oklahoma?

Yes. It is illegal to drive without insurance in Oklahoma. Chapter 47 of the Oklahoma Statutes on Motor Vehicles requires liability insurance for all motorists. Driving without auto insurance is a grave offence that is punishable by fines and other legal consequences. Per §47-7-606 of the Oklahoma Motor Vehicle Insurance Laws, any motor vehicle owner or operator who fails to comply with the law on compulsory insurance shall be found guilty of a misdemeanor and subject to:

• Not more than $250 fine
• 30 days imprisonment, and
• Suspension of driving privileges.

The law enforcement officer in charge of the case may also seize and tow the vehicle and seize the license plate. The defaulting vehicle owner or operator may retrieve their vehicle or license plate once they have complied with the Compulsory Insurance Law, and paid an administrative fee $125 to the county sheriff's office or municipal police department, and the initial fine of $250 in full to the court clerk.

What Is the Minimum Insurance Requirement in Oklahoma?

The minimum insurance liability required by §47-7-324 of the Oklahoma Statutes is as follows:

• Twenty-five thousand dollars ($25,000) for bodily injury to or death of one person in one accident, subject to the limit for one person
• Fifty thousand dollars ($50,000) for bodily injury to or death of two or more persons in any one accident
• Twenty-five thousand dollars ($25,000) for injury to or destruction of property of others in any one accident.

Although this is the minimum required coverage that the law allows you to carry on your car to legally drive in Oklahoma, where the costs of any bodily injury or damage exceed the 25/50/25 liability, the at-fault driver will be personally liable for all extra costs.

Furthermore, there exists an Oklahoma Uninsured Motorist Coverage Law, contained in §36-3636 of the Oklahoma Statutes This law is required to advise vehicle owners and operators, and gives them the right to buy Uninsured Motorist coverage (UI/UIM) to protect themselves from loss and injury accrued from an accident where the party at-fault has no liability insurance. However, the law states that the insurer can opt to waive this coverage in writing. Similarly, MedPay coverage in Oklahoma is merely advised by law and not mandatory.

What To Do After A Car Accident With an Uninsured Driver in Oklahoma

The first thing to do after a car accident with an uninsured at-fault driver in Oklahoma is to check for injuries to all involved parties and seek medical attention if necessary. Next, call the police and ensure that a report is filed to document the incident. Since the at-fault driver does not have insurance information, the victim must gather all information about the driver, his vehicle, contact information, license and plate number, photos and videos of the scene, and eyewitness information. Finally, the victim must notify their insurance company about the incident.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Driving without auto-insurance coverage in Oklahoma is illegal and subject to penalties. In comparison, this does not prevent the victim from obtaining damages and compensation to the extent of the driver's fault. Up until 2014, Oklahoma had a "no pay, no play" law, which barred uninsured victims from recovering any form of civil compensation or remedies. This law was declared unconstitutional by the Supreme Court. That aside, the uninsured driver (not at-fault) is still liable for the fines and other legal penalties set forth in §47-7-606 of the Oklahoma Statutes.

Can I Sue an Uninsured Driver in Oklahoma?

Yes. Civil action can be brought against an insured driver in Oklahoma within two years from the day the incident occurred (12 OK Stat § 95). An action for damages and compensation may be brought before a small claims court if the amount sought to be recovered does not exceed $10,000 (12 OK Stat § 1751). Where the monetary relief sought does exceed $10,000, the attorney for the victim shall file a lawsuit with a District Court in the county where the accident occurred.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Oklahoma?

It depends. Auto-insurance policies in Oklahoma have different types of coverage. If a person's insurance policy includes Medical Payments (MedPay) coverage or Uninsured/Underinsured Motorist Coverage (UM/UIM), their insurance may pay for hospital bills and personal injury suffered.

MedPay covers medical expenses incurred from a car accident, regardless of who is at fault. On the other hand, UM/UIM pays for bodily injury suffered by a motor owner/operator, their family, and other persons in the car to the extent of the policy, where the at-fault driver does not have insurance. However, these only apply to medical expenses and personal injury, and not property damage.

What Is Uninsured Motorist Coverage in Oklahoma?

Uninsured Motorist coverage is an insurance coverage in the same amount as bodily liability coverage. It pays for bodily injury damages to the policyholder, family members who live with them, and other passengers who may be hurt while riding in their insured vehicle. This coverage will protect the policyholder and other covered parties in the insured car who are injured by a hit-and-run motorist, uninsured motorists, or insured motorists who do not have enough liability insurance to pay for bodily injury damages to any injured person. The law requires Insurers to advise policyholders or motor operators of the right to buy Uninsured Motorist Coverage.

What If I Don't Have Uninsured Motorist Coverage in Oklahoma?

Motorists who do not have uninsured motorist coverage can sue the at-fault driver personally to recover all losses incurred and compensation for pain and suffering. They can also take it up with law enforcement to ensure that the at-fault driver is either fined, imprisoned, or has their license or car seized and impounded.

How Do I Get Compensation from an Uninsured Driver in Oklahoma?

An injured party may file a claim in court to obtain a judgment against an at-fault uninsured driver. To file a suit in a small claims court, request a ‘Small Claims Affidavit' from the County District Court Clerk and fill out all required information. Next, pay the filing fee. Once this is done, the court clerk will give the filing party a hearing date and time within 10-30 days.

The party suing must then serve a copy of the affidavit to the at-fault driver through the Sheriff, a process server, or certified mail. This must be done at least 7 days before the hearing.

The judge will hear the case and give both parties a fair hearing, allowing the present witnesses and evidence to support their claim. A default judgment is entered where the party being sued fails to appear in court or respond to the lawsuit.

How Much Can You Recover From an Uninsured At-Fault Driver in Oklahoma?

Under the law in Oklahoma, everyone who suffers from the unlawful act of another is entitled to compensation in money (section 23-3). The law permits motorists to sue at-fault insured drivers personally for these damages. If successful, the injured motorist will obtain a civil judgment against them. However, the problem arises where the uninsured driver is judgment-proof, meaning they lack the financial resources or assets as collateral to pay or satisfy the judgment. In such a situation, it is nearly impossible to collect damages on that judgment.

Further, the Oklahoma Small Claims Court has a damage cap of $10,000. If your losses are above this limit, it is advised to initiate the process at the District Court. Where a person obtains a civil judgment against an uninsured at-fault driver in Oklahoma, the judgment will begin to accrue interest 24 months after the suit commenced (12 OK Stat § 727.1).

How To Find Out If the At-Fault Driver Has Insurance in Oklahoma

In order to find out if an at-fault driver has insurance, the injured motorist or victim can ask the at-fault driver, contact the police to get a police report, or an official Traffic Collision Report, contact the Oklahoma Department of Motor Vehicles or Service Oklahoma with valid reasons and proof to obtain the driver's insurance information or contact their attorney and insurance company.

If the injured motorist proceeds to the court to file a lawsuit, they may take advantage of legal discovery tools to find the at-fault driver's insurance information, or lack thereof. The aggrieved party can formally request the at-fault driver to produce their insurance documents and have their attorney interrogate the at-fault driver under oath.

Are Accidents Public Record in Oklahoma?

In line with the Oklahoma Open Records Act, accident reports are public information. They can be accessed through the county sheriff's office or municipal police department in the city or county where the accident occurred. An individual may also request their personal Collision Report by mail or in person through Service Oklahoma.

Can You Go to Jail for Causing an Accident Without Insurance in Oklahoma?

Yes. Per § 47-7-606, a vehicle owner or operator who does not have the compulsory auto-insurance coverage is guilty of a misdemeanor and subject to an imprisonment term of not more than 30 days or a $250 fine or both.

Can You Settle With an Uninsured Driver Out of Court in Oklahoma?

Yes. In Oklahoma, drivers involved in a collision can settle out of court if the at-fault driver is uninsured. Out-of-court settlements are enforceable under Oklahoma contract law. It is recommended to have a written agreement. For this agreement to be binding and legally enforceable, it must meet the basic requirements of a contract. The parties must be capable of contracting, there must be an offer, unequivocal acceptance, and sufficient consideration.

Can I Get Compensation If I Was Partially at Fault?

Yes. Oklahoma uses a modified comparative negligence model. In Oklahoma, negligence does not disqualify an injured person from receiving damages or compensation unless the negligence of the person injured, damaged, or killed is greater than the combined negligence of any person who caused the injury, death, or damage (23 OK Stat § 13). Where there is contributory negligence on the part of the person killed, damaged, or injured, the amount of recovery shall be reduced in proportion to such person's negligent acts or omissions (23 OK Stat § 14).