What To Do After A Car Accident With No Insurance In Oklahoma City

Insurance is an important and legally mandated part of driving on Oklahoma roads. An insurance policy helps mitigate risk by insuring you against some of the costs of a potential accident, just in case the worst happens. 

However, sometimes Oklahomans drive without insurance for various reasons. So what happens if an uninsured driver is the victim of someone else’s negligent behavior? Does that mean the victim will just have to cope with injuries and property damage?

The good news is that, in Oklahoma, having no motor vehicle insurance doesn’t affect your ability to seek legal recourse for your injuries. Contrary to popular belief, you can still collect damages from the at-fault party if you are in an accident with no insurance policy

We’ll discuss this further below, but just know that you can still seek maximum compensation regardless of whether you have insurance or not. 

How No-Insurance Car Accidents Work In Oklahoma

Since Oklahoma is an at-fault state for motor vehicle insurance (meaning that victims of an accident can file a claim on the negligent third party’s insurance for damages), a victim without insurance just files a claim like normal since nothing needs to be filed on their policy.

In 2014, the Oklahoma Supreme Court struck down a law that capped damages for claimants without car insurance (known colloquially as the “No Pay, No Play” law). That means having no insurance doesn’t affect your ability to collect damages.

It is important to note that Oklahoma is a modified comparative negligence state regarding insurance. As 23 OK Stat § 13 (2023) reads: 

In all actions hereafter brought, whether arising before or after the effective date of this act, for negligence resulting in personal injuries or wrongful death, or injury to property, contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage, or unless any negligence of the person so injured, damaged or killed, is of greater degree than the combined negligence of any persons, firms or corporations causing such damage. 

That means a claimant is barred from collecting damages if they are more than 50% at fault for the incident.

Do I Get In Trouble For Not Having Insurance?

All motorists in Oklahoma are expected to maintain an active car insurance policy to operate their vehicles on Oklahoma roads. 

According to 47 OK Stat § 7-606 (2023), if a motorist doesn’t follow this requirement, they could be charged with a misdemeanor and face legal penalties like fines or jail time. 

However, it’s critical to note that this legal process is an entirely separate one from the process of rightfully collecting damages from the opposing party’s insurance 

Contact Our Attorneys If You’re Facing A No-Insurance Car Accident

If you’re facing this situation, our number one recommendation is to contact a trusted Oklahoma City car accident attorney, like our team at Warhawk Legal. Getting skilled legal advice is key to ensuring your case is successfully concluded. Luckily, most Oklahoma car accident lawyers offer victims free consultations. 

Request your no-obligation case review and free consultation from Warhawk Legal by booking it online or by calling (405) 397-1717.