Car Accident Claims in Oklahoma

A driver in a crash that injures or kills anyone must, after stopping and giving information and aid, immediately notify police by the quickest means available — the local police department inside a city or town, or otherwise the county sheriff or the nearest Oklahoma Highway Patrol office. The statute does not set a dollar threshold for calling police about property-damage-only crashes.

For a crash (other than on private property) that causes injury or death or apparent damage of more than $300 to one vehicle or other property, the driver must send a written report to the Department of Public Safety if the crash has not been settled within six months; if it has been settled, the parties must report the settlement. When a report is filed, the Department notifies the other parties, who must give it the information it requests within 20 days so it can check whether they were insured. The Commissioner of Public Safety can suspend the license of a driver who fails to report until the report is filed.

A driver in a crash causing injury, death or damage to an attended vehicle must stop at or as close to the scene as possible and stay until they have given their correct name, address and vehicle registration number, shown their license and insurance verification form if asked, and given reasonable help to anyone injured (including arranging transport for medical treatment). Willfully failing to stop after a crash with a nonfatal injury is a felony punishable by 10 days to 2 years in prison and/or a $50–$1,000 fine; after a fatal crash, 1 to 10 years and/or a $1,000–$10,000 fine. In both cases the license is revoked. Failing to stop after a crash damaging only an attended vehicle is a misdemeanor (up to $500 and/or up to one year in county jail), and the driver can also be sued for three times the damage.

Every owner must keep liability security on a registered vehicle. A motor vehicle liability policy must provide at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage.

Modified comparative negligence (51% bar). An injured person's own negligence does not bar recovery unless it is of greater degree than the negligence of the person causing the harm, or greater than the combined negligence of all persons causing it. The statute covers personal injury, wrongful death and property damage claims.

Two years for an action for injury to the rights of another not arising from a contract, which covers most negligence-based injury claims. Assault, battery, libel, slander, malicious prosecution and false imprisonment have a one-year deadline.

Two years for taking, detaining or injuring personal property (such as a car) and for trespass on real property.