What Tulsa Drivers Need to Know About PIP Insurance in Car Accidents

If you are a driver in Tulsa and have been in a car accident, you might hear the term “PIP insurance” and wonder what it means for your claim. Known as PIP, Personal Injury Protection insurance provides coverage for an insured’s medical expenses and income lost due to an accident, regardless of who was at fault in the accident.

Even so, here’s a crucial piece of information for all Oklahoma drivers: Oklahoma is not a PIP state. Because Oklahoma does not have PIP insurance, this means that if you are involved in a car accident in Tulsa, you will not have this coverage on your standard Oklahoma auto insurance policy. 

Understanding how this impacts your rights and options after a collision is essential. Our personal injury attorneys understand how intimidating it can be to face the legal system after an accident, and we are here to provide compassionate and helpful guidance.

Oklahoma is a “Fault” State, Not a “No-Fault” State 

The biggest reason Oklahoma does not have PIP insurance is that it operates under an “at-fault” (or “tort”) system for car accidents. A fault-based system holds the individual who is determined to have caused a motor vehicle accident legally liable for all resulting damages and losses.

In Oklahoma, if another driver causes an accident that injures you, you generally must pursue compensation from their liability insurance. The legal process centers on establishing a direct link between the other driver’s negligent actions and the harm you suffered.

What Insurance is Required in Oklahoma? 

While PIP is not available, Oklahoma drivers are legally required to carry specific types of auto insurance coverage. Oklahoma Statutes Title 47, Section 7-601, known as the Compulsory Insurance Law, mandates minimum liability coverage and includes:

• Bodily Injury Liability: If you cause a crash in Oklahoma, this insurance pays for the medical bills, lost wages, and pain and suffering of other people involved. The state minimum coverage is $25,000 per person and $50,000 per accident
• Property Damage Liability: This coverage pays for damage you cause to another person’s vehicle or property in a crash. The state minimum is $25,000 per accident.

Beyond these required coverages, Oklahoma insurance companies must offer other optional coverages that can be vital after an accident:

• Uninsured/Underinsured Motorist (UM/UIM) Coverage: UIM coverage provides a financial safeguard by covering your losses when you are involved in a collision with a driver who either lacks insurance or carries insufficient liability limits to compensate for your injuries
• Medical Payments (MedPay) Coverage: While not as broad as PIP, MedPay, or Medical Payments coverage, is an optional add-on that pays for medical and funeral costs for you and your passengers after a crash, no matter who was at fault.

How the Absence of PIP Affects Your Car Accident Claim 

Since there’s no PIP in Oklahoma, the process for recovering compensation after an accident looks different from that in no-fault states.

Medical Bills and Lost Wages

Without PIP, your medical bills and lost wages are typically initially covered by:

• Your Health Insurance: Your health insurance is often your first line of defense for medical expenses
• MedPay Coverage (if you have it): If you opted for MedPay, it can help with initial medical costs
• Out-of-Pocket: If you do not have health insurance or MedPay, you may be responsible for these costs as they arise, until a settlement or judgment is reached

Proving Fault is Key

Because Oklahoma is a fault state, establishing who caused the accident is central to your ability to recover damages. You must gather critical evidence that proves the other driver’s negligence. This evidence can include:

• Police reports
• Witness statements
• Photos and videos from the accident scene
• Medical records detailing your injuries
• Traffic camera footage (especially on busy Tulsa intersections)

Dealing with Insurance Companies

After an accident, you will likely communicate with your own insurance company (for property damage or UM/UIM claims) and the at-fault driver’s insurance company (for liability claims). Their goal is to pay as little as possible and may try to:

• Question your injuries: Arguing they are not severe or are pre-existing
• Dispute fault: Claiming you were partially responsible for the accident
• Offer a low settlement: Hoping you will accept a quick, insufficient payout

What if You Were Partially at Fault? 

Oklahoma has a modified comparative negligence rule, which affects who can recover compensation after a crash as found in Oklahoma Statutes Title 23, Section 13. The state’s modified comparative negligence rule dictates that if you are found to be 50% or more at fault for the accident, you cannot recover any damages. 

If you are found less than 50% at fault, your compensation will be reduced by your percentage of fault. For example, if a Tulsa jury finds you were 20% at fault for an accident, your total damages would be reduced by 20%.

This rule makes proving fault and defending against claims of your own negligence even more critical in an Oklahoma car accident case.

Our Compassionate and Knowledgeable Personal Injury Representation in Tulsa

The absence of PIP insurance in Oklahoma means that after a car accident, your focus immediately shifts to proving fault and understanding all available avenues for compensation. Proving fault can be an overwhelming process, especially when you are also recovering from injuries. 

At Parsons, Graham & Day, LLC, our Oklahoma-based law firm has experienced attorneys ready to help you with your personal injury needs. Our team is knowledgeable regarding Oklahoma personal injury laws and can provide you with compassionate and helpful legal advice.

If you have been involved in a car accident in Tulsa or the surrounding areas and have questions about your rights or how to pursue compensation, please contact us today at (918) 553-5771 for a consultation. We can discuss how we may assist you with your legal matter.