I hate that title.
For me, it ridicules a very serious situation. What I am talking about is a new statute, 47 O.S. § 7-116, which provides that any driver or owner in violation of the compulsory insurance law cannot recover non-economic damages if injured in a car accident.
In other words, if you do not have car insurance and you were involved in an accident that was not your fault, you can only recover medical expenses, property damage, and lost income.
You will not be able to recover non-economic damages such as pain and suffering.
The good news is that there are exceptions.
Some of those exceptions are where the not at-fault party was injured by an at-fault party who was under the influence of drugs or alcohol and either was convicted, plead guilty, or plead no contest to the criminal charge.
Another exception is that the statute does not apply if the not at-fault party was a passenger in a car, unless the not at-fault party was the owner or if the not at-fault party was a pedestrian.
The statute also does not apply to wrongful death claims, to an injury when the at-fault party intentionally caused the accident, where the at-fault party left the scene, or the at-fault was acting in furtherance of the commission of a felony.
The above exceptions are only a few of the exceptions that apply to this horrible new law. Still yet, the bottom line is that if you are a resident of Oklahoma, the law says that you have to have insurance on your vehicle.
We highly encourage you to follow the law and obtain insurance for your vehicle. But, if you have been involved in an accident and did not have insurance, give us a call. We are more than happy to discuss your situation with you.
Have more questions? Visit our FAQ page for personal injury where our personal injury attorney, Lynn Anderson answers your questions. Call the personal injury attorneys at Brown | Jones | Anderson, PLLC today at 866-333-7076 or fill out our contact form to find out if our attorneys are right for you.