Does Oklahoma Allow UM Stacking? What 36 O.S. 3636 Says

By the FigureMyTax Editorial Team · How we calculate

Oklahoma bars UM stacking on policies issued, renewed or reinstated after November 1, 2014, unless the carrier expressly provides for it. The statute also requires UM, treats an underinsured driver as uninsured and protects your UM limit from the other driver's payment.

The stacking rule

Section 3636(B) says policies issued, renewed or reinstated after November 1, 2014 shall not be subject to stacking or aggregation of limits unless expressly provided for by an insurance carrier.

Required UM

Subsection A requires UM in every auto liability policy for a vehicle registered or principally garaged in Oklahoma. Coverage must be at least the limits of the financial responsibility law, and increased limits must be offered and may be purchased up to your liability limits. A named insured may reject it in writing, and a signed rejection stays valid for the life of the policy (subsection G).

Underinsured drivers

Subsection C includes in "uninsured motor vehicle" an insured vehicle whose liability insurer cannot pay because of insolvency, and one whose liability limits are less than the amount of the claim. Subsection F says a payment by the insured tortfeasor does not reduce or credit against your total UM limits.

Settlement notice

If you reach a tentative settlement for the liability limits, you must give your UM insurer written notice by certified mail with documentation of your losses and written authorization to obtain records. It has 60 days to substitute its own payment and take your right of recovery; if it does not, it has no right to the proceeds.

How to use this

Compare the results in the Oklahoma UM/UIM stacking calculator, start with the plain-English stacked versus single-limit explainer, and read how Oklahoma UM covers underinsured drivers.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Oklahoma's rules apply to your specific case with a licensed Oklahoma attorney.