Uninsured vs. Underinsured Motorist Coverage in Oklahoma

By the FigureMyTax Editorial Team · How we calculate

Oklahoma has one UM coverage. A driver whose liability limits are less than the amount of your claim counts as uninsured, and the other driver's payment does not reduce your own UM limit.

One coverage

36 O.S. 3636(C) says "uninsured motor vehicle" includes an insured vehicle whose liability limits are less than the amount of the claim of the person making the claim, regardless of the coverage of the parties in relation to each other. The statute does not set up a separate underinsured coverage.

How it pays

Because the other driver's payment does not reduce or credit against your UM limits (subsection F), UM can pay damages beyond what the liability insurer paid, up to your limit. With $100,000 of UM, $25,000 paid and $250,000 of damages, UM pays up to $100,000. The statute does not spell out the damages cap; the calculator uses your damages not yet recovered.

Fault

Your damages are reduced by your percentage of fault, and you are barred only if your negligence is of greater degree than that of the person, or all persons combined, causing the damage, so 50 percent is allowed (23 O.S. 13). Oklahoma has no no-fault threshold for pain and suffering.

Deadlines

Most injury actions must be brought within 2 years (12 O.S. 95). A UM claim against your insurer may have other policy conditions, so check your policy.

Next steps

Stacking is a separate question; see our statute post and the explainer, then use the Oklahoma UM/UIM stacking calculator.

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.