Navigating Auto Insurance Claims in Oklahoma: Know Your Rights and the Laws

Dealing with a car insurance claim after an accident can be confusing and stressful. You want to make sure you get fair compensation for damages and injuries, but insurance laws and processes aren’t always straightforward.

Thankfully Oklahoma has codified certain rights and protections for consumers regarding auto insurance claims. Understanding these regulations will help ensure your claim is handled properly from start to finish.

In this comprehensive guide, we’ll overview key laws and requirements related to auto insurance claims in Oklahoma. Whether you’re filing a first-party or third-party claim, read on to learn about your rights and navigate the claims process seamlessly.

Required Liability Coverage in Oklahoma

Under Oklahoma law, all motorists must carry a minimum level of liability insurance to legally operate a vehicle. This coverage protects you if you cause an accident resulting in injuries or property damage.

The state mandates:

  • $25,000 bodily injury liability per person
  • $50,000 bodily injury liability per accident
  • $25,000 property damage liability

This is abbreviated as 25/50/25 liability coverage Higher limits are recommended to fully protect assets in serious accidents Liability insurance can be proven with a policy or state-issued certificate.

Uninsured/Underinsured Motorist Coverage

Uninsured motorist (UM) coverage protects you if hit by a driver with no insurance. Underinsured motorist (UIM) coverage applies if the at-fault driver’s liability limits are inadequate to cover your losses.

Oklahoma requires insurers to offer UM/UIM coverage with limits equaling your liability coverage. You can reject it in writing if desired. Make sure to discuss these options with your agent.

Med Pay Covers Injuries Regardless of Fault

Medical payments (Med Pay) coverage pays for injuries to you, resident relatives, and vehicle occupants after an accident regardless of fault. It provides immediate medical expense reimbursement as bills are incurred up to the coverage limit.

Med Pay is optional but covers treatment no matter who caused the accident. It can offset health insurance deductibles and copays as well.

Collision and Comprehensive Coverage

Collision coverage pays for damage to your car from an accident with another vehicle or object. Comprehensive coverage pays for damage from non-collision incidents like weather, fire, or theft.

Both are optional but recommended coverages. Without them, you must pay auto repair/replacement costs out-of-pocket after accidents.

Actions to Take After an Auto Accident in Oklahoma

Following an accident, key next steps include:

  • Stop immediately and call 911 if anyone is injured.
  • Don’t admit fault or accept any claim settlement on-site.
  • Exchange driver/insurance information with other parties.
  • Take photos of damage, injuries, and the accident scene.
  • File a police report within 5 days if over $500 in damage.
  • Notify your insurer promptly to start the claims process.

Thoroughly documenting the incident will help support your claim. Consult your insurer before signing anything or agreeing to a settlement offer.

Oklahoma’s “Like Kind and Quality” Repair Requirement

For damaged parts, Oklahoma law allows insurers to replace them with “like kind and quality” parts to return your car to pre-loss condition. This means using cheaper aftermarket or recycled parts.

You can request brand new OEM parts, but will likely need to pay the price difference. Challenge any questionable replacement parts that seem inferior in quality.

Choosing Your Preferred Repair Shop

Insurers cannot limit where you get repairs done. Oklahoma law gives you the right to select any licensed auto body repair shop, dealer facility, or other repair facility.

If the insurer’s estimate seems too low, get your own estimate from your chosen shop detailing required repairs. Provide this to request a supplemental claim payment.

Rental Car Coverage Varies by Situation

Insurers are not legally required to pay for rental cars after accidents. Policies with rental reimbursement coverage will pay up to a daily/total limit. At-fault claims typically don’t include rental coverage.

For not-at-fault accidents, the other driver’s liability insurance may reimburse rental costs while your car is repaired. Communicate with adjusters to understand when rental coverage applies.

Settlement Delays on Third-Party Injury Claims

For injuries to you or passengers caused by another driver, the at-fault insurer may delay full settlement until treating doctors confirm the extent of injuries and recovery needs.

While inconvenient, this allows proper accounting of all medical costs. Document expenses carefully and follow up frequently for prompt reimbursement.

Total Loss Valuation Based on ACV

If your car is totaled, insurers owe the actual cash value (ACV) at time of loss. Oklahoma defines ACV as:

  • Cost of a comparable local vehicle if available
  • Dealer quotes from your area if no comparable vehicle exists
  • Value per latest auto valuation guidebooks like NADA

ACV is affected by mileage, condition, options and local market prices. Negotiate a fair total loss settlement based on supporting data like dealer quotes.

Key Takeaways

Protect yourself by understanding Oklahoma’s auto insurance claim regulations:

  • Liability coverage is mandatory; higher limits better protect assets
  • UM/UIM required unless rejected in writing
  • Injuries pay regardless of fault with Med Pay
  • Promptly report accidents; cooperate fully with insurer
  • Repairs use “like kind and quality” parts unless OEM requested
  • You choose the repair facility
  • Rental coverage varies; clarify with adjuster
  • Delayed injury claim payment allows full cost accounting
  • ACV determines total loss amounts

Knowing insurance claim laws and your rights makes resolving auto accidents much easier. Don’t hesitate to contact the Oklahoma Insurance Department if you have any other questions or issues with an insurer.

Benefits of a Good Driving Record

Maintaining a spotless driving record doesn’t just keep you safe; it can also significantly reduce your insurance premiums. Insurance companies love a driver who’s never had an accident or a ticket. It’s a sign you’re less of a risk, and they’ll reward you with lower rates.

But it’s not just about saving money. A clean driving record also opens up more options for you. Some insurance companies won’t consider you unless you’re a safe driver. Others might offer benefits like accident forgiveness, which means your rates won’t increase after your first accident. You’re also more likely to get approved for rental car coverage and other add-ons.

And let’s not forget the peace of mind you’ll have knowing you’re a safe driver. You won’t have to worry about hefty fines or the stress of dealing with an accident. Plus, you’ll be doing your part to keep Oklahoma’s roads safe for everyone.

So keep following the rules of the road. It’ll pay off in more ways than one. Remember, driving is a privilege, not a right, and it comes with responsibilities. Keep that in mind, and you’ll be just fine.

Comprehensive and Collision Coverage in Oklahoma

Even though it’s not required by law, you might want to get this kind of coverage, especially if you drive a newer or more expensive car.

Comprehensive coverage safeguards you against non-collision damages to your vehicle. When bad things happen in life, like fire, theft, vandalism, or damage from natural disasters, it’s like having a safety net. Imagine that you park your car under a tree and a storm comes through, causing a branch to fall on your car. Comprehensive coverage would step in here.

Accident coverage, on the other hand, protects you financially if your car is damaged in an accident, no matter who was at fault. Say you’re driving down an icy road and lose control, hitting a lamppost. That’s where collision coverage is helpful.

Lawyer Reveals Easy Car Accident Claim Process

FAQ

How long do insurance companies have to settle a claim in Oklahoma?

Every property and casualty insurer shall complete investigation of a claim within 45 business days after receipt of proof of loss, unless such investigation cannot reasonably be completed within such time. (a) Claims accepted or denied within 45 days.

Is Oklahoma a no fault car accident state?

No, Oklahoma is not a no-fault state for auto insurance. Oklahoma is an “at-fault” or “tort” state, which means the person who is at fault for a car accident is responsible for paying for other people’s injuries and property damage resulting from the accident.

How long do you have to file an auto claim in Oklahoma?

In Oklahoma, you have two years from the date of the accident to file a lawsuit. This ensures that victims act promptly, courts can process claims efficiently, and evidence is still available to determine the outcomes of claims.

Do you need a police report to file an insurance claim in Oklahoma?

While you can receive compensation from your insurance provider without a police report in your claim, you’re much more likely to be compensated if you include a police report in the claim. However, it’s possible to get a payout if you provide other evidence, such as the following: Evidence of the location.

Does Oklahoma require car insurance?

Collision coverage is optional in Oklahoma, but your car loan lender may require you to have it. Oklahoma doesn’t require car insurance policies to include uninsured motorist (UM) coverage, but insurance companies are required to offer it to anyone purchasing a policy.

Does Oklahoma require uninsured motorist coverage?

Oklahoma doesn’t require car insurance policies to include uninsured motorist (UM) coverage, but insurance companies are required to offer it to anyone purchasing a policy. This coverage protects you and your passengers if you’re hit by an uninsured or underinsured driver, or if you’re the victim of a hit-and-run driver.

Does the Statute of limitations apply to a car insurance claim?

(Note: The statute of limitations does not apply to a car insurance claim. Any insurance company, whether your own or the other driver’s, is going to require you to make a claim —or at least give the insurer notice of an incident that could trigger a claim—”promptly” or “within a reasonable time” after the accident.

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