{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-994.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-994.3","heading":"Recovery against party that received payment — Third-","body":"party payer — Payments — Recovery worksheet.\n\nA. Recovery against the party that received payment.\n\n1. General rule. Any payor of money benefits with recovery or\n\nreimbursement rights by contract or statute reduces its recovery to\n\ntake account of the cost of procuring the judgment or settlement\n\nfrom a third party, as provided in this section, if:\n\na. procurement costs are incurred because the claim is\n\ndisputed, and\n\nb. those costs are borne by the party against which the\n\npayor seeks to recover.\n\n2. Special rule. If a payor must file suit because the party\n\nthat received payment opposes the payor's recovery, the recovery\n\namount is as set forth in subsection E of this section.\n\nB. Recovery against the third-party payer. If the payor seeks\n\nrecovery from the third-party payer, the recovery amount will be no\n\ngreater than the amount determined under subsection C, D or E of\n\nthis section.\n\nC. Payments made by a payor that are less than the judgment or\n\nsettlement amount. If a payor's payments are less than the judgment\n\nor settlement amount, the recovery is computed as follows:\n\n1. Determine the ratio of the procurement costs to the total\n\njudgment or settlement payment;\n\n2. Apply the ratio to the person or entity's payment. The\n\nproduct is the payor's share of procurement costs; and\n\n3. Subtract the payor's share of procurement costs from his or\n\nher claimed payments. The remainder is the payor's recovery amount.\n\nD. A payor's payments that equals or exceeds the judgment or\n\nsettlement amount. If payor's payments equal or exceed the judgment\n\nor settlement amount, the recovery amount is the total judgment or\n\nsettlement payment minus the total procurement costs.\n\nE. The payor incurs procurement costs because of opposition to\n\nits recovery. If the payor must bring suit against the party that\n\nreceived payment because that party opposes the recovery, the\n\nrecovery amount is the lower of the following:\n\n1. The person or entity's payment; or\n\n2. The total judgment or settlement amount, minus the party's\n\ntotal procurement cost.\n\nF. Recovery worksheet. The amount to be recovered from the\n\nbeneficiary is the amount payor paid, less a proportionate share of\n\nthe costs of procuring the judgment or settlement. The amount to be\n\nrefunded is determined as follows:\n\nIf the payor's payment is less than the amount of judgment or\n\nsettlement:\n\n1. Determine the ratio of the payments to the total amount of\n\nthe judgment or settlement;\n\n2. Apply this ratio to the costs of procuring the judgment or\n\nsettlement, including attorney fees; and\n\n3. Subtract the payor's share of procurement costs from their\n\npayments. The remainder is the amount of reimbursement to be\n\nrefunded to the payor seeking recovery of payments.\n\nStep 1:\n\n$_________________ / $_________________ = __________________\n\nPayor's Payment Judgment/Settlement Ratio\n\nCarry out 6 digits\n\nStep 2:\n\n__________________ X $_________________ = __________________\n\nRatio from Step 1 Procurement Costs Payor's Share of\n\nCarry out 6 digits Procurement Cost\n\nStep 3:\n\n$_________________ - $_________________ = __________________\n\nPayor's Payment Payor's Share of Refund to Payor\n\nProcurement Costs\n\nG. If the payor's payments equal or exceed the amount of the\n\njudgment or settlement, subtract the total procurement costs from\n\nthe judgment or settlement. The remainder is the amount of\n\nreimbursement to be refunded to the payor. The beneficiary will not\n\nbe required to refund more than the liability insurance payment\n\nminus the procurement costs.\n\n$_________________ - $_________________ = $_________________\n\nJudgment/Settlement Procurement Costs Refund","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4e3e262a95ea443c038bf72d21d827d371aff98e2d5dadf1ccb8776b8aa0cdc6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-994.2","next":"us-ok/okla.-stat.-tit.-12-12-995"},"notice":"GroundRules: Original legal text. Not legal advice."}