Oklahoma car accident settlement calculator

Oklahoma filing deadlines

Wrongful death, 12 O.S. 1053(A): "The action must be commenced within two (2) years." Governmental Tort Claims Act text from.

If you were partly at fault

Oklahoma follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

• With $100,000 in damages and 30% of the fault, you would recover $70,000.
• With 55% of the fault, you would recover $0, because the rule bars your claim.

Barred only if plaintiff's negligence is of greater degree than the defendant's (or the combined negligence of defendants), so recovery is allowed at 50%.

Source: 23 O.S. 13. Compare all states in the comparative negligence table.

At-fault (tort) state

In Oklahoma the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.

Minimum car insurance in Oklahoma

$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage. Uninsured motorist coverage is optional or can be rejected in writing.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. Property damage Twenty-five Thousand Dollars. Definition in 7-103 applies to policies issued or renewed on or after April 1, 2005. UM must be included in policies (36 O.S. 3636(A)-(B)) but the named insured "may reject Uninsured Motorist coverage" in writing.

Damage caps

Oklahoma caps noneconomic damages: $500,000 per plaintiff for bodily injury claims (injuries on or after Sept 1, 2025); $1,000,000 for permanent mental injury that severely impairs employment or living standard; no cap for permanent and severe physical injury (substantial disfigurement, loss of use of a limb, loss or impairment of a major organ or system, or inability to care for self), or where the defendant was reckless, grossly negligent, fraudulent, or intentional/malicious Punitive damages: Category II (intentional and malicious): greatest of $500,000, 2 times actual damages, or the defendant's financial benefit; Category III (intentional, malicious and life-threatening, beyond a reasonable doubt): no cap (23 O.S. 9.1)

The 2025 replacement cap in 61.3 applies to injuries on or after Sept 1, 2025, does not apply to Governmental Tort Claims Act actions or to wrongful death (Okla. Const. art. 23, sec. 7).

Dog bite law

Strict liability statute. Applies to bites or injuries without provocation where the victim is lawfully present (4 O.S. 42.2 defines lawful presence).

Source: 4 O.S. 42.1. Estimate a claim with the dog bite calculator.