When you are injured in a car accident caused by another party, you may be able to recover compensation for your damages. However, numerous factors influence the amount of compensation you recover in an Oklahoma City car accident claim. Two of the most important factors are the severity of your injuries and the available insurance coverage or other assets to pay your damages.
Injured in Oklahoma City? Call Warhawk Legal at (405) 397-1717 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
Oklahoma is an at-fault state for purposes of automobile accidents. This means that the at-fault party’s insurance company must pay for the damages caused by their insured, up to the policy limits. The at-fault party’s policy limits significantly impact the amount of compensation an injury victim may recover.
Oklahoma Automobile Liability Coverage Requirements
Oklahoma requires all drivers to carry liability insurance coverage. The minimum coverage requirements are currently:
- $25,000 for bodily injury for one person per accident.
- $50,000 for bodily injury in an accident involving two or more parties.
- $25,000 for property damage per accident.
These minimum coverage amounts can be grossly insufficient in the event of an accident involving severe injuries. If an at-fault driver causes injuries that exceed their insurance policy coverage, they will be personally liable for the excess damages. However, recovering damages that exceed policy limits can be challenging.
Many Oklahomans opt for higher liability coverage limits to protect themselves and others in the event of a serious accident. You may also purchase uninsured/underinsured motorist coverage to help protect yourself if you are injured in an accident caused by a driver with no or inadequate insurance coverage.
Options When Policy Limits Are Insufficient To Pay Your Damages
If your damages exceed the at-fault party’s insurance policy limits, you may be able to file a claim against your own insurance company if you have purchased uninsured/underinsured coverage. However, uninsured motorist coverage only pays for costs arising from your injuries and does not cover property damage.
You also have the right to file a lawsuit against the at-fault party. If you are successful and are awarded damages by the court, you will still need to find a way to collect your damages.
You need the assistance of an experienced Oklahoma car accident attorney. At Warhawk Legal, our attorneys thoroughly examine the facts of each accident to identify all possible causes and potentially liable parties. Some causes of your accident may not be immediately apparent but could be uncovered by skillful investigation. If other parties share fault, their insurance coverage may also come into play for paying your damages.
Our OKC personal injury attorney can also help identify all available sources of payment for your compensation, such as the at-fault party’s assets and their employment income.
Contact Warhawk Legal Today To Discuss Your Car Accident Claim
If you have been injured in an auto accident caused by another party, you may be entitled to recover compensation for your damages. At Warhawk Legal, our car accident attorneys possess the experience, skills, and resources to help identify all possible causes and potentially liable parties to hold the responsible parties accountable and to maximize available sources of compensation for your injuries.
Call (405) 294-1243 or complete the short form on our contact page to schedule a free consultation to discuss your Oklahoma car accident claim.
Related Reading: Oklahoma City Personal Injury Attorney | Average Car Accident Settlement in Oklahoma
Stacking Coverage and Underinsured Motorist Benefits
When the at-fault driver’s liability policy is not enough to cover your damages, your own uninsured/underinsured motorist (UIM) coverage becomes the critical safety net. UIM coverage pays the gap between the at-fault driver’s limits and your actual damages, up to your own policy limits. Oklahoma insurers must offer UIM coverage on every auto policy — many drivers reject it in writing to save money, not realizing how often it becomes the only meaningful source of recovery after a serious crash. If you have multiple vehicles insured under the same policy, ask your attorney about stacking — combining UIM limits across vehicles — which may be available under your specific policy terms and can substantially increase the available recovery.
Investigating All Sources When Policy Limits Fall Short
Before accepting that a driver is “at policy limits,” an experienced attorney investigates whether the driver holds a personal umbrella policy sitting above the auto policy, whether they were acting in the course of employment (making an employer potentially liable), and whether the vehicle was owned by a third party with separate coverage. In catastrophic injury cases — permanent disability, traumatic brain injury, fatalities — all of these avenues are worth exhausting before settling for the primary policy alone. Accepting a policy-limits settlement requires signing a full release of all future claims against that defendant, which is why thorough investigation must happen before any release is signed.
Frequently Asked Questions About Policy Limits in Oklahoma
Can I reject a policy-limits settlement offer? Yes — and sometimes you should, particularly when injuries are still evolving or when umbrella or UIM coverage may be available. What if the at-fault driver had state minimum limits and my bills far exceed them? Your UIM coverage is the first answer; after that, your attorney explores every other potentially liable party. Does my health insurance have to be repaid from the settlement? Yes — health insurers typically have subrogation rights. Warhawk Legal negotiates these liens as part of the settlement to maximize what you actually keep.
If you or a loved one has been injured, contact our experienced Oklahoma City car accident attorney at Warhawk Legal. We offer free consultations and only get paid when you win.