Oklahoma minimum car insurance and uninsured motorist rules

Source: 47 O.S. § 7-324(b)(2) describes an owner's policy with limits of "Twenty-five Thousand Dollars ($25,000.00) because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, Fifty Thousand Dollars ($50,000.00) because of bodily injury to or death of two or more persons in any one accident, and Twenty-five Thousand Dollars ($25,000.00) because of injury to or destruction of property of others in any one accident." [1] The Oklahoma Insurance Department says: "The minimum amount of liability coverage is 25/50/25." [8]

These are the least the law requires, not a measure of what a crash can cost. The Oklahoma Insurance Department's guide explains that the second "25" is "a maximum of $25,000 paid out for any and all property damage of others that you caused." [9] Liability coverage pays other people's losses; it does not pay for your own injuries or your own car.

Oklahoma's Compulsory Insurance Law is in 47 O.S. §§ 7-600 to 7-607. In its own words:

• Owners must keep security in force. "Every owner of a motor vehicle registered in this state, other than a licensed used motor vehicle dealer, shall, at all times, maintain in force with respect to such vehicle security for the payment of loss resulting from the liability imposed by law for bodily injury, death and property damage" [2] (§ 7-601(A)).
• Carry proof. "Proof of security shall be carried in the vehicle at all times and shall be produced for inspection upon request by any law enforcement officer or representative of the Department of Public Safety and, in case of an accident, the proof shall be shown upon request of any person affected by the accident." [2] (§ 7-601(B)(1)). Every operator of a registered vehicle must carry an owner's or operator's security verification form (§ 7-602.1) [3].
• "Security" can be more than a policy. The law counts a policy, a deposit of cash or securities, or self-insurance (§ 7-600(3)) [4] [4] [4].
• Some vehicles are exempt. A vehicle not used on public roads can be exempted by filing an affidavit with a motor license agent (§ 7-607(A)) [6].

Under 47 O.S. § 7-606(A)(1), "An owner or operator who fails to comply with the Compulsory Insurance Law shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than Two Hundred Fifty Dollars ($250.00), or imprisonment for not more than thirty (30) days, or by both such fine and imprisonment and, in addition thereto, shall be subject to suspension of the driving privilege." [5] If an officer cannot verify valid security through the online verification system, the officer "may seize the vehicle ... and cause the vehicle to be towed and stored" [5] [5] if there is probable cause to believe the vehicle is not insured. If you show valid and current security to the court, the charge is dismissed ("shall be entitled to dismissal of the charge", [5] § 7-606(C)).

Uninsured motorist coverage is part of your own policy. It is meant for situations where the driver who caused the crash has no insurance, drove away, or does not have enough insurance.

• It must be part of the policy unless you reject it. Under 36 O.S. § 3636(A), no auto liability policy may be issued in Oklahoma "unless the policy includes the coverage described in subsection B." [7] Subsection G gives the named insured "the right to reject uninsured motorist coverage in writing." [7]
• What it covers. Subsection B: "legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness or disease, including death resulting therefrom." [7] The statute's wording covers bodily injury, not damage to your car.
• Underinsured drivers count too. Subsection C says an "uninsured motor vehicle" [7] also includes "an insured motor vehicle, the liability limits of which are less than the amount of the claim of the person or persons making such claim." [7]
• The insurer's offer. The statute requires the insurer to offer the coverage on a form that says "Oklahoma law gives you the right to buy Uninsured Motorist coverage in the same amount as your bodily injury liability coverage," [7] with four choices: the same amount as bodily injury liability, "minimum Uninsured Motorist coverage $25,000.00 per person/$50,000.00 per occurrence," [7] a stated amount, or rejection (§ 3636(H)).
• A signed rejection can carry forward. A signed form that rejects coverage or selects lower limits "shall remain valid for the life of the policy," [7] and the insurer does not have to re-offer it on renewal unless the named insured asks in writing (§ 3636(G)).
• Stacking. "Policies issued, renewed or reinstated after November 1, 2014, shall not be subject to stacking or aggregation of limits unless expressly provided for by an insurance carrier." [7] (§ 3636(B)).

The Oklahoma Insurance Department puts the offer rule this way: "While you are not required by law to carry this coverage, companies are required to offer it with every policy." [8]

How to check your own policy: find the declarations page and look for lines labeled "uninsured motorist," "medical payments," "collision" and "comprehensive." If you are not sure what a line means, ask your agent or the Oklahoma Insurance Department.

These are common first steps. They are not legal advice.

1. Get the driver's name, address, license and plate number, and ask the officer to record that the driver has no proof of insurance.
2. Get the police report (Tulsa crash reports).
3. Tell your own insurer promptly and ask whether your policy has uninsured motorist, medical payments or collision coverage.
4. Keep records of treatment and bills (medical bills organizer).
5. Remember the court deadline for injury claims is separate from your policy's deadlines (Oklahoma deadlines).

• How long do you have to file in Oklahoma?
• Is Oklahoma a comparative negligence state?
• Do you have to report a car accident in Oklahoma?
• What to do after a car accident in Tulsa