What Is The Statute Of Limitations In Oklahoma For Filing An Auto Injury Claim?
In Oklahoma, the statute of limitations for filing an auto injury claim is two years from the date of the accident. If you don’t file a claim within that two-year period, then you are forever barred from filing a claim.
Can I Still Recover Compensation If I Was Partially At Fault For The Auto Wreck In Oklahoma?
In Oklahoma, if you are partially at fault for an auto wreck, you can still recover some compensation. Under the law, each party who is partially at fault is responsible for their own negligence. For instance, if a jury found that the other person was 75% at fault, while you were 25% at fault, then any award that a jury would award you would be reduced by 25%. So, the defendant would only be responsible for his or her own negligence. Nonetheless, in this scenario, if you are 25% partially at fault, then you can still recover because the tortfeasor is still responsible for the percentage of fault they have. However, in Oklahoma, if they jury finds that you are 51% at fault or more, then you cannot recover, you have to be at 50% or less in order to recover.
What Are The Car Insurance Requirements In Oklahoma?
In Oklahoma, the minimum liability requirement for car insurance is 25-50-25. To elaborate, that’s $25,000 for bodily injury per person, and up to $50,000 total, no matter how many people are injured per accident. For example, if there are 10 people injured in an accident, all 10 people can try to collect $50,000 total – not each person, but total for everybody involved. Furthermore, the property damage limits are $25,000 for repairs to cars or other property such as real estate or fences.
What Should I Do If I Am Involved In An Accident With An Underinsured Or Uninsured Motorist?
If you are involved in an accident with an underinsured or uninsured motorist it is best to be prepared and already have uninsured motorist coverage. A lot of drivers do not have insurance in Oklahoma. That’s the reason why it’s important to have uninsured motorist coverage. Uninsured or underinsured motorist coverage covers you in instances where the at-fault driver has no insurance or doesn’t have enough insurance to cover your damages in full. If the other driver does not have insurance and you don’t have uninsured motorist coverage, then that’s kind of a tough situation. It’s hard to determine whether or not it’s worth pursuing a case with an uninsured motorist. Under Oklahoma law, most people’s assets are exempt from collection. So, unless the underinsured person who hit you has lots of property, money in the bank, stocks, and bonds that you could actually collect on, it’s really not worth pursuing, and that scenario typically does not happen.
What Damages Can I Seek In An Auto Accident Injury Claim In Oklahoma?
Under Oklahoma law, the damages that you are allowed to seek in a personal injury claim or auto accident injury claim include medical bills, pain and suffering, loss of wages, loss of companionship or assistance, and disfigurement.
How Is The Worth Of My Personal Injury Case Determined?
The worth of your personal injury case is determined by generally looking at the medical bills. The more a person is injured, the more the case is typically worth. However, the worth of the case can change depending on your actions and the person at issue. For example, if the person was on a cell phone texting while driving, those are aggravating-type actions that can increase the value of the case. A case where someone was texting while driving incurs more punitive type damages. A jury might punish somebody more for doing something they know they were not supposed to be doing. The same can be said about drinking and driving. If the driver was drinking and driving or on a cell phone, those actions are going to increase the value of your case. Likewise, the things that you do can decrease the value of a case. Posting pictures or videos on social media that show you doing activities that an injured person in your situation should not be doing can be detrimental to your case.
Similarly, if you weren’t wearing your seatbelt, were on your cell phone, or were involved in some sort of aggravating factor, that’s going to decrease the value of your case as well.
For more information on Statute Of Limitations For Auto Accident Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 467-3200 today.
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