OK · Accidents & Injuries

Accidents & Injuries in Oklahoma

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Oklahoma Law

Oklahoma Statutes Title 12, Section 95

Oklahoma imposes a two-year statute of limitations for most personal injury claims, including those from accidents. An injured party must generally file their lawsuit within two years of the date of the accident or injury.

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Procedural Details in Oklahoma

Oklahoma follows modified comparative fault with a 51% bar under Oklahoma Statutes Title 23, Section 13. A plaintiff who is 51% or more at fault is barred from recovery. Oklahoma is a traditional tort (fault-based) auto insurance state. Oklahoma does not impose a general cap on compensatory damages for most personal injury claims. Government claims against the State of Oklahoma require compliance with the Governmental Tort Claims Act (51 O.S. § 156), which requires filing within one year. Claims against municipalities may have different notice requirements. Oklahoma also allows claims against uninsured drivers under the Uninsured Motorist Act (36 O.S. § 3636).

Oklahoma Agencies & Resources

Oklahoma Insurance Department

Regulates insurance companies in Oklahoma and handles consumer complaints about auto and accident insurance.

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Oklahoma Department of Public Safety — Driver License Services

Manages Oklahoma driver licensing, accident reports, and vehicle records.

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Oklahoma Bar Association — Lawyer Referral Service

Provides referrals to Oklahoma-licensed personal injury attorneys.

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Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Oklahoma?

Oklahoma Statutes Title 12, Section 95 provides a two-year statute of limitations for personal injury claims. Government entity claims under the Oklahoma Governmental Tort Claims Act (51 O.S. § 156) must be filed within one year. Missing the government notice deadline may bar your claim before the two-year period expires. Consult an Oklahoma attorney promptly after any accident.

What is Oklahoma's 51% modified comparative fault rule?

Under Oklahoma Statutes Title 23, Section 13, if you are 50% or less at fault, you can recover damages reduced by your fault percentage. If you are found 51% or more at fault, you are completely barred from recovering any compensation from the other party. Oklahoma apportions fault among all parties to the litigation.

Is Oklahoma a no-fault auto insurance state?

No. Oklahoma is a traditional tort (fault-based) state. The at-fault driver's liability insurance is responsible for compensating injured parties. Oklahoma does not require mandatory personal injury protection (PIP) coverage.

Are there damage caps in Oklahoma accident cases?

Oklahoma does not impose a general cap on compensatory damages in most personal injury accident cases. Medical malpractice non-economic damages are capped under Oklahoma law. Government entity claims under the Governmental Tort Claims Act (51 O.S. § 154) are capped at $25,000 per occurrence for political subdivisions. Punitive damages in Oklahoma require a finding of intentional, malicious, or fraudulent conduct.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026