The Oklahoma car accident statute of limitations and the shorter government clock
The Oklahoma car accident statute of limitations is two years. Get your exact date in a free call.
Oklahoma gives you two years to sue for injuries and two years for car damage, under 12 O.S. 95. The trap is a crash with a city truck, county road crew or state car. That claim needs written notice within one year, then a lawsuit within 180 days of the denial.
The deadlines in Oklahoma
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Two years | 12 O.S. 95(A)(3) |
| Car or property damage lawsuit | Two years | 12 O.S. 95(A)(3) |
| Shared fault | Barred if your share is greater than the others’ combined | 23 O.S. 13 |
| Minimum liability cover | $25,000 / $50,000 / $25,000 | 47 O.S. 7-103 |
| Claim against the state, a city or a county | Notice within one year; sue within 180 days of denial | 51 O.S. 156, 157 |
| Wrongful death lawsuit | Two years | 12 O.S. 1053 |
The Oklahoma government claim trap
The Governmental Tort Claims Act sets its own steps. You must give written notice within one year of the loss, under 51 O.S. 156. A state claim goes to the Risk Management office and a city or county claim goes to the clerk of its governing body.
If the claim is not fully paid within 90 days, it counts as denied. From the denial you have 180 days to file suit, under 51 O.S. 157. Talking about a settlement does not stop that count unless you both agree in writing.
Children and drivers who leave Oklahoma
A child hurt in a crash gets one year after turning 18 to bring the case, under 12 O.S. 96. The clock also stops while the driver who hit you is out of the state or hiding, under section 98.
Partly to blame in an Oklahoma wreck
You can still recover if you share some blame. Your award drops by your percentage. You lose the claim only if your fault is greater than the fault of the drivers who hurt you, taken together, under 23 O.S. 13. A fifty-fifty split still pays half.
When to call an Oklahoma car accident lawyer
Call early if a public vehicle or road was involved, because that one-year notice comes first. Oklahoma is an at-fault state and drivers need only $25,000 per person in liability cover. An attorney can look for other policies, such as your own uninsured motorist cover. The call is free and the lawyer is paid only if you win.
Other states: Texas, Kansas, Arkansas, Missouri, Colorado or every state on one page.
Oklahoma car accident statute of limitations questions
What is the deadline to sue after a car accident in Oklahoma?
Two years from the crash, for both injury and vehicle damage, under 12 O.S. 95.
Can I recover in Oklahoma if the crash was partly my fault?
Yes, if your share of fault is not greater than the other side’s. Your money is cut by your share.
How long does a family have for a wrongful death claim in Oklahoma?
Two years, under 12 O.S. 1053. A claim against a public body also needs the one-year notice.
What are the Oklahoma minimum insurance limits?
$25,000 per person and $50,000 per crash for injuries, plus $25,000 for property, under 47 O.S. 7-103.
Before the clock runs out
Oklahoma drivers often carry only $25,000 per person, so a quick offer may be the policy limit, not the value of your claim. Call before you sign a release and a lawyer will check your offer and your deadline free.
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