Oklahoma · Uninsured driver · Updated Oct 2026

Hit by an uninsured driver in Oklahoma: coverage, penalties and what to do

Your coverage, the penalties and how to claim your losses.

Short answer

If the at-fault driver has no insurance (or not enough), you can claim for your injuries under your own uninsured motorist coverage (included unless you rejected it in writing). Uninsured motorist coverage for injuries must be included in every policy at least at 25/50, unless you reject it in writing.

Uninsured motorist (UM) coverage
Included unless you reject it
Minimum liability
25/50/25
Insurance system
Fault (tort)

Uninsured motorist coverage in Oklahoma

Uninsured / underinsured motorist (UM/UIM)
Uninsured motorist coverage for injuries must be included in every policy at least at 25/50, unless you reject it in writing. Higher limits, up to your liability limits, must be offered. In Oklahoma, 'uninsured' also covers a driver whose liability limits are too low to pay your claim (36 O.S. § 3636).
Liability minimum
25/50/25
Official text
Read the official text

Compare every state in the minimum insurance table.

If the other driver has no insurance in Oklahoma

  • If the at-fault driver has no insurance (or not enough), you can claim for your injuries under your own uninsured motorist coverage (included unless you rejected it in writing).

Penalties for driving uninsured in Oklahoma

  • Driving without insurance is a misdemeanor: up to $250 fine and/or 30 days in jail, plus license suspension, and the officer may tow the car (47 O.S. § 7-606).
  • If a report is filed under § 10-108, the Department of Public Safety checks whether the other parties were insured and can start suspension proceedings.

More facts for Oklahoma

  • Your uninsured motorist policy may say that either side can demand arbitration; if arbitration doesn't settle it within 3 months of the demand, you can sue the at-fault driver (36 O.S. § 3636(B)).

How fast an insurer must handle a claim in Oklahoma

  • Your own (first-party) property and casualty insurer must acknowledge your claim within 30 days, and tell you within 60 days after proper proof of loss whether it accepts or denies the claim or needs more time (with reasons).
  • A denial must be in writing and cite the policy provision.
  • If you have no lawyer, the insurer must warn you in writing, one year after the loss, before a time limit runs out (36 O.S. §§ 1250.6, 1250.7).

Claiming from the uninsured driver in Oklahoma

Small claims limit for car damage in Oklahoma: $10,000, not counting attorney fees and court costs. Oklahoma small claims guide on Small Claims Map

Step by step if an uninsured driver hits you in Oklahoma

  1. Report the crash to the police. If anyone is hurt or killed, you must tell the police right away by the fastest way you can: the city police inside a city, or else the county sheriff or the nearest Oklahoma Highway Patrol office. Reporting a crash in Oklahoma and getting the police report
  2. Write down the other car's plate and get witness names.
  3. Claim under your uninsured motorist coverage; in Oklahoma it is included unless you reject it.
  4. If your coverage doesn't pay everything, sue the driver before the deadline: 2 years for both property damage and injury. Deadlines to sue in Oklahoma, with the calculator

Free help in Oklahoma

Questions about uninsured drivers in Oklahoma

Is uninsured motorist coverage required in Oklahoma?

Uninsured motorist coverage for injuries must be included in every policy at least at 25/50, unless you reject it in writing. Higher limits, up to your liability limits, must be offered. In Oklahoma, 'uninsured' also covers a driver whose liability limits are too low to pay your claim (36 O.S. § 3636).

What happens if you drive without insurance in Oklahoma?

Driving without insurance is a misdemeanor: up to $250 fine and/or 30 days in jail, plus license suspension, and the officer may tow the car (47 O.S. § 7-606). If a report is filed under § 10-108, the Department of Public Safety checks whether the other parties were insured and can start suspension proceedings.

What can I do if an uninsured driver hits me in Oklahoma?

If the at-fault driver has no insurance (or not enough), you can claim for your injuries under your own uninsured motorist coverage (included unless you rejected it in writing).

What is the minimum car insurance in Oklahoma?

25/50/25

How long do I have to sue an uninsured driver in Oklahoma?

2 years for property damage and 2 years for injury.

How fast must an insurer handle a car insurance claim in Oklahoma?

Your own (first-party) property and casualty insurer must acknowledge your claim within 30 days, and tell you within 60 days after proper proof of loss whether it accepts or denies the claim or needs more time (with reasons). A denial must be in writing and cite the policy provision.

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