By Serdar Arslan, editor · Last reviewed · How we research
Oklahoma's Supreme Court struck down the state's $350,000 cap on noneconomic damages, so pain and suffering in a crash case is no longer limited by that statute. Punitive damages are still capped: generally the greater of $100,000 or actual damages for reckless conduct, and the greater of $500,000 or twice actual damages for intentional, malicious conduct. Claims against government bodies are generally capped at $125,000 per person.
Government claims follow a two-step timeline. Under the Governmental Tort Claims Act, written notice is generally due within 1 year of the injury; if the claim is not resolved within 90 days it is treated as denied, and you then generally have 180 days to sue. Against private drivers, injury, vehicle damage and wrongful death claims all generally have 2 years. Fault is compared under a modified rule that bars recovery above 50%. Collision reports from Service Oklahoma cost $7 and may take up to 30 days to appear. Oklahoma recorded 645 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years from the date of the accident Source: Okla. Stat. tit. 12, § 95(A)(3) |
|---|---|
| Property damage deadline | Generally 2 years for damage to your vehicle or other property Source: Okla. Stat. tit. 12, § 95(A)(3) |
| Wrongful death deadline | Generally 2 years from the date of death; the claim is brought by the personal representative of the estate Source: Okla. Stat. tit. 12, § 1053 |
| Claims against a government entity | Under the Governmental Tort Claims Act, you generally must give the government written notice of your claim within 1 year of the injury. If the claim is not resolved within 90 days it is treated as denied, and you then generally have 180 days to file suit. |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, but you recover nothing if you are more than 50% at fault. Source: Okla. Stat. tit. 23, § 13 |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | Oklahoma's former $350,000 cap on noneconomic damages was struck down by the Oklahoma Supreme Court. Punitive damages are generally capped at the greater of $100,000 or actual damages for reckless conduct, and the greater of $500,000 or twice actual damages for intentional, malicious conduct (Okla. Stat. tit. 23, § 9.1). Claims against government bodies are capped, generally at $125,000 per person (51 O.S. § 154). |
| Reporting a crash | If a crash causes injury or death, you must notify the local police, county sheriff or Highway Patrol immediately by the quickest means. You may also have to file a written report with the Department of Public Safety. |
Getting your crash report in Oklahoma
Request a collision report from Service Oklahoma using Form 303RM 0097, by mail or in person in Oklahoma City. A report costs $7 ($10 certified) and may take up to 30 days to appear. You can generally get only your own report unless an exception applies. For city crashes, you can also ask the local police department. Official request page
Checking a Oklahoma lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Oklahoma Bar Association – Find a Lawyer
- Lawyer referral: Tulsa County Bar Association – Lawyer Referral Service · 918-587-6014
645 people died in motor vehicle crashes in Oklahoma in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›Is there a cap on pain and suffering in Oklahoma?
Not under the former statute. Oklahoma's former $350,000 cap on noneconomic damages was struck down by the Oklahoma Supreme Court. Punitive damages are still capped under Okla. Stat. tit. 23, § 9.1.
›What is the deadline for a claim against an Oklahoma government agency?
You generally must give written notice within 1 year of the injury (Okla. Stat. tit. 51, § 156). If the claim is not resolved within 90 days it is treated as denied, and you then generally have 180 days to sue (§ 157). Recovery is generally capped at $125,000 per person.
›How long do I have to sue another driver in Oklahoma?
Generally 2 years from the date of the accident for injuries and vehicle damage (Okla. Stat. tit. 12, § 95). Wrongful death claims, brought by the estate's personal representative, also generally have 2 years from the date of death (§ 1053).
›Does partial fault bar my recovery in Oklahoma?
Only if you are more than 50% at fault. Otherwise, your damages are reduced by your percentage of fault (Okla. Stat. tit. 23, § 13).
›How do I get a collision report from Service Oklahoma?
Use Form 303RM 0097, by mail or in person in Oklahoma City. A report costs $7 ($10 certified) and may take up to 30 days to appear. You can generally get only your own report unless an exception applies.
Sources
- 12 O.S. § 95 (Justia)
- 12 O.S. § 1053 (Justia)
- 23 O.S. § 13 (Justia)
- 51 O.S. § 156 (Justia)
- 51 O.S. § 157 (Justia)
- 47 O.S. § 10-108 (Justia)
- Oklahoma Insurance Department – FAQs
- Service Oklahoma – Collision Request for Records (Form 303RM 0097)
- Oklahoma DPS – Collision Report FAQ
- Oklahoma Bar Association – Find a Lawyer
- OKLaw.org – Tulsa County Bar Association Lawyer Referral Service
- IIHS – Fatality Facts, state by state (NHTSA FARS)