{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-1250.8","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-1250.8","heading":"Motor vehicle total loss or damage claim","body":"A. If an insurance policy or insurance contract provides for\n\nthe adjustment and settlement of first party motor vehicle total\n\nlosses, on the basis of actual cash value or replacement with\n\nanother of like kind and quality, one of the following methods shall\n\napply:\n\n1. An insurer may elect to offer a replacement motor vehicle\n\nwhich is a specific comparable motor vehicle available to the\n\ninsured, with all applicable taxes, license fees, and other fees\n\nincident to the transfer of evidence of ownership of the motor\n\nvehicle paid, at no cost to the insured other than any deductible\n\nprovided in the policy. The offer and any rejection thereof shall\n\nbe documented in the claim file; or\n\n2. An insurer may elect a cash settlement based upon the actual\n\ncost, less any deductible provided in the policy, to purchase a\n\ncomparable motor vehicle, including all applicable taxes, license\n\nfees and other fees incident to a transfer of evidence of ownership,\n\nor a comparable motor vehicle. Such cost may be determined by:\n\na. the cost of a comparable motor vehicle in the local\n\nmarket area when a comparable motor vehicle is\n\ncurrently or recently available in the prior ninety\n\n(90) days in the local market area,\n\nb. one of two or more quotations obtained by an insurer\n\nfrom two or more qualified dealers located within the\n\nlocal market area when a comparable motor vehicle is\n\nnot available in the local market area, or\n\nc. the cost of a comparable motor vehicle as quoted in\n\nthe latest edition of the National Automobile Dealers\n\nAssociation Official Used Car Guide or monthly edition\n\nof any other nationally recognized published\n\nguidebook.\n\nB. If a first party motor vehicle total loss is settled on a\n\nbasis which deviates from the methods described in subsection A of\n\nthis section, the deviation shall be supported by documentation\n\ngiving particulars of the condition of the motor vehicle. Any\n\ndeductions from such cost, including, but not limited to, deduction\n\nfor salvage, shall be measurable, discernible, itemized and\n\nspecified as to dollar amount and shall be appropriate in amount.\n\nThe basis for such settlement shall be fully explained to a first\n\nparty claimant.\n\nC. If liability for motor vehicle damages is reasonably clear,\n\ninsurers shall not recommend that third party claimants make claims\n\npursuant to the third party claimants' own policies solely to avoid\n\npaying claims pursuant to such insurer's insurance policy or\n\ninsurance contract.\n\nD. Insurers shall not require a claimant to travel unreasonably\n\neither to inspect a replacement motor vehicle, obtain a repair\n\nestimate or have the motor vehicle repaired at a specific repair\n\nshop.\n\nE. Insurers shall, upon the request of a claimant, include the\n\ndeductible of a first party claimant, if any, in subrogation\n\ndemands. Subrogation recoveries shall be shared on a proportionate\n\nbasis with a first party claimant, unless the deductible amount has\n\nbeen otherwise recovered. No deduction for expenses shall be made\n\nfrom a deductible recovery unless an outside attorney is retained to\n\ncollect such recovery. The deduction shall then be made for only a\n\npro rata share of the allocated loss adjustment expense.\n\nF. If an insurer prepares an estimate of the cost of automobile\n\nrepairs, such estimate shall be in an amount for which it reasonably\n\nmay be expected that the damage can be repaired satisfactorily. An\n\ninsurer shall give a copy of an estimate to a claimant and may\n\nfurnish to the claimant the names of one or more conveniently\n\nlocated repair shops, if requested by the claimant.\n\nG. If an amount claimed is reduced because of betterment or\n\ndepreciation, all information for such reduction shall be contained\n\nin the claim file. Such deductions shall be itemized and specified\n\nas to dollar amount and shall be appropriate for the amount of\n\ndeductions.\n\nH. An insurer or its representative shall not require a\nre conveniently\n\nlocated repair shops, if requested by the claimant.\n\nG. If an amount claimed is reduced because of betterment or\n\ndepreciation, all information for such reduction shall be contained\n\nin the claim file. Such deductions shall be itemized and specified\n\nas to dollar amount and shall be appropriate for the amount of\n\ndeductions.\n\nH. An insurer or its representative shall not require a\n\nclaimant to obtain motor vehicle repairs at a specific repair\n\nfacility. An insurer or its representative shall not require a\n\nclaimant to obtain motor vehicle glass repair or replacement at a\n\nspecific motor vehicle glass repair or replacement facility. An\n\ninsurer shall fully and promptly pay for the cost of the motor\n\nvehicle repair services or products, less any applicable deductible\n\namount payable according to the terms of the policy. The claimant\n\nshall be furnished an itemized priced statement of repairs by the\n\nrepair facility at the time of acceptance of the repaired motor\n\nvehicle. Unless a cash settlement is made, if a claimant selects a\n\nmotor vehicle repair or motor vehicle glass repair or replacement\n\nfacility, the insurer shall provide payment to the facility or\n\nclaimant based on a competitive price, as established by that\n\ninsurer through market surveys or by the insured through competitive\n\nbids at the insured's option, to determine a fair and reasonable\n\nmarket price for similar services. Reasonable deviation from this\n\nmarket price is allowed based on the facts in each case.\n\nI. An insurer shall not use as a basis for cash settlement with\n\na first party claimant an amount which is less than the amount which\n\nan insurer would pay if repairs were made, other than in total loss\n\nsituations, unless such amount is agreed to by the insured.\n\nJ. An insurer shall not force a claimant to execute a full\n\nsettlement release in order to settle a property damage claim\n\ninvolving a personal injury.\n\nK. All payment or satisfaction of a claim for a motor vehicle\n\nwhich has been transferred by title to the insurer shall be paid by\n\ncheck, draft or electronic payment, payable on demand.\n\nL. In the event of payment of a total loss to a third party\n\nclaimant, the insurer shall include any registered lienholder as\n\ncopayee to the extent of the lienholder's interest.\n\nM. As used in this section, \"total loss\" means that the vehicle\n\nrepair costs plus the salvage value of the vehicle meets or exceeds\n\nthe actual cash value of the motor vehicle prior to the loss, as\n\nprovided in used automobile dealer guidebooks.\n\nN. An insurer shall not offer a cash settlement as provided in\n\nparagraph 2 of subsection A of this section for the purchase of a\n\ncomparable motor vehicle and then subsequently sell the motor\n\nvehicle which has been determined to be a total loss back to the\n\nclaimant if the insurer has determined that the repair of the\n\nvehicle would not result in the vehicle being restored to operative\n\ncondition as provided in Section 1111 of Title 47 of the Oklahoma\n\nStatutes unless the claimant specifies in writing or via an\n\nelectronic signature that the claimant understands that the motor\n\nvehicle shall be titled as a \"junked vehicle\".","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5810fa576c8b2948a2fc3e1c45a7a28379c48be3692779eb2aa106352dfe7767","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-1250.7","next":"us-ok/okla.-stat.-tit.-36-36-1250.9"},"notice":"GroundRules: Original legal text. Not legal advice."}