Posted in
On April 1, 2026
Generally, states are divided into fault or no-fault states when dealing with insurance claims after motor vehicle accidents. Oklahoma is a fault-based state. Here is what this difference may mean for your car accident claim.
No-Fault States
In no-fault states, each driver generally turns to their own auto insurance for coverage of their medical bills, lost wages, and other losses stemming from the accident. This is typically done by filing a claim with their personal injury protection (PIP) coverage. In these states, claimants are generally barred from making a claim against the at-fault driver unless certain exceptions exist, they suffer a serious injury as defined by state law, or their damages exceed the amount of their no-fault insurance benefits.
The benefit of this approach is that accident victims do not have to prove the other driver was at fault, which can sometimes be complicated. Additionally, many people find the process of filing an insurance claim with their own insurance provider less adversarial than filing a claim with an at-fault party’s insurance provider.
However, there may be several disadvantages, such as having limited benefits that do not fully cover the injury victim’s actual losses, not being able to recover fair compensation unless their claim meets a serious injury threshold, and having to file a separate property damage claim against the at-fault driver’s insurance coverage.
At-Fault States
The process is the opposite in at-fault states. In these states, the driver who is declared at fault for the accident is financially and legally responsible for paying for the damages that they caused. This is usually completed by filing a claim against the at-fault driver’s liability insurance provider.
How Car Accident Claims Are Handled in Oklahoma
In Oklahoma, all motorists are required to maintain minimum amounts of liability insurance that pay for the damages that they cause to someone else due to their negligence. These minimum amounts include:
- $25,000 for bodily injury or death to one person
- $50,000 for bodily injury or death for two or more persons
- $25,000 for property damage per accident
To recover this compensation, you would need to show that the other driver was at fault through evidence such as accident reports, photos or videos of the accident scene, and/or witness statements.
If the at-fault driver was uninsured or underinsured, you could file a claim with your own insurance under your uninsured/underinsured motorist coverage.
Oklahoma also follows a modified comparative negligence system, meaning that if the accident victim is partially responsible for the accident, they can still sue to recover their damages as long as they were not more at fault than the defendant. However, their compensation is reduced by their degree of fault.
You have two years to file a personal injury lawsuit under the state’s statute of limitations.
Contact the Oklahoma Injury Law Firm for a Free Case Review
If you were injured in an accident that wasn’t your fault, the Oklahoma Injury Law Firm can help. We provide a free case review, can explain your legal rights, and can help guide you through the legal process. Contact us online or call us at (405) 310-8800 today to get started.