{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-3636","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-3636","heading":"Uninsured motorist coverage","body":"A. No policy insuring against loss resulting from liability\n\nimposed by law for bodily injury or death suffered by any person\n\narising out of the ownership, maintenance or use of a motor vehicle\n\nshall be issued, delivered, renewed, or extended in this state with\n\nrespect to a motor vehicle registered or principally garaged in this\n\nstate unless the policy includes the coverage described in\n\nsubsection B of this section.\n\nB. The policy referred to in subsection A of this section shall\n\nprovide coverage therein or supplemental thereto for the protection\n\nof persons insured thereunder who are legally entitled to recover\n\ndamages from owners or operators of uninsured motor vehicles and\n\nhit-and-run motor vehicles because of bodily injury, sickness or\n\ndisease, including death resulting therefrom. Coverage shall be not\n\nless than the amounts or limits prescribed for bodily injury or\n\ndeath for a policy meeting the requirements of Section 7-204 of\n\nTitle 47 of the Oklahoma Statutes, as the same may be hereafter\n\namended; provided, however, that increased limits of liability shall\n\nbe offered and purchased if desired, not to exceed the limits\n\nprovided in the policy of bodily injury liability of the insured.\n\nPolicies issued, renewed or reinstated after November 1, 2014, shall\n\nnot be subject to stacking or aggregation of limits unless expressly\n\nprovided for by an insurance carrier. The uninsured motorist\n\ncoverage shall be upon a form approved by the Insurance Commissioner\n\nas otherwise provided in the Insurance Code and may provide that the\n\nparties to the contract shall, upon demand of either, submit their\n\ndifferences to arbitration; provided, that if agreement by\n\narbitration is not reached within three (3) months from date of\n\ndemand, the insured may sue the tort-feasor.\n\nC. For the purposes of this coverage the term \"uninsured motor\n\nvehicle\" shall include an insured motor vehicle where the liability\n\ninsurer thereof is unable to make payment with respect to the legal\n\nliability of its insured within the limits specified therein because\n\nof insolvency. For the purposes of this coverage the term\n\n\"uninsured motor vehicle\" shall also include an insured motor\n\nvehicle, the liability limits of which are less than the amount of\n\nthe claim of the person or persons making such claim, regardless of\n\nthe amount of coverage of either of the parties in relation to each\n\nother.\n\nD. An insurer's insolvency protection shall be applicable only\n\nto accidents occurring during a policy period in which its insured's\n\nuninsured motorist coverage is in effect where the liability insurer\n\nof the tort-feasor becomes insolvent within one (1) year after such\n\nan accident. Nothing herein contained shall be construed to prevent\n\nany insurer from according insolvency protection under terms and\n\nconditions more favorable to its insured than is provided hereunder.\n\nE. For purposes of this section, there is no coverage for any\n\ninsured while occupying a motor vehicle owned by, or furnished or\n\navailable for the regular use of the named insured, a resident\n\nspouse of the named insured, or a resident relative of the named\n\ninsured, if such motor vehicle is not insured by a motor vehicle\n\ninsurance policy.\n\nF. In the event of payment to any person under the coverage\n\nrequired by this section and subject to the terms and conditions of\n\nsuch coverage, the insurer making such payment shall, to the extent\n\nthereof, be entitled to the proceeds of any settlement or judgment\n\nresulting from the exercise of any rights of recovery of such person\n\nagainst any person or organization legally responsible for the\n\nbodily injury for which such payment is made, including the proceeds\n\nrecoverable from the assets of the insolvent insurer. Provided,\n\nhowever, with respect to payments made by reason of the coverage\n\ndescribed in subsection C of this section, the insurer making such\nesulting from the exercise of any rights of recovery of such person\n\nagainst any person or organization legally responsible for the\n\nbodily injury for which such payment is made, including the proceeds\n\nrecoverable from the assets of the insolvent insurer. Provided,\n\nhowever, with respect to payments made by reason of the coverage\n\ndescribed in subsection C of this section, the insurer making such\n\npayment shall not be entitled to any right of recovery against such\n\ntort-feasor in excess of the proceeds recovered from the assets of\n\nthe insolvent insurer of said tort-feasor. Provided further, that\n\nany payment made by the insured tort-feasor shall not reduce or be a\n\ncredit against the total liability limits as provided in the\n\ninsured's own uninsured motorist coverage. Provided further, that\n\nif a tentative agreement to settle for liability limits has been\n\nreached with an insured tort-feasor, written notice shall be given\n\nby certified mail to the uninsured motorist coverage insurer by its\n\ninsured. Such written notice shall include:\n\n1. Written documentation of pecuniary losses incurred,\n\nincluding copies of all medical bills; and\n\n2. Written authorization or a court order to obtain reports\n\nfrom all employers and medical providers. Within sixty (60) days of\n\nreceipt of this written notice, the uninsured motorist coverage\n\ninsurer may substitute its payment to the insured for the tentative\n\nsettlement amount. The uninsured motorist coverage insurer shall\n\nthen be entitled to the insured's right of recovery to the extent of\n\nsuch payment and any settlement under the uninsured motorist\n\ncoverage. If the uninsured motorist coverage insurer fails to pay\n\nthe insured the amount of the tentative tort settlement within sixty\n\n(60) days, the uninsured motorist coverage insurer has no right to\n\nthe proceeds of any settlement or judgment, as provided herein, for\n\nany amount paid under the uninsured motorist coverage.\n\nG. A named insured or applicant shall have the right to reject\n\nuninsured motorist coverage in writing. The form signed by the\n\ninsured or applicant which initially rejects coverage or selects\n\nlower limits shall remain valid for the life of the policy and the\n\ncompletion of a new selection form shall not be required when a\n\nrenewal, reinstatement, substitute, replacement, or amended policy\n\nis issued to the same-named insured by the same insurer or any of\n\nits affiliates. Any changes to an existing policy, regardless of\n\nwhether these changes create new coverage, do not create a new\n\npolicy and do not require the completion of a new form.\n\nAfter selection of limits, rejection, or exercise of the option\n\nnot to purchase uninsured motorist coverage by a named insured or\n\napplicant for insurance, the insurer shall not be required to notify\n\nany insured in any renewal, reinstatement, substitute, amended or\n\nreplacement policy as to the availability of such uninsured motorist\n\ncoverage or such optional limits. Such selection, rejection, or\n\nexercise of the option not to purchase uninsured motorist coverage\n\nby a named insured or an applicant shall be valid for all insureds\n\nunder the policy and shall continue until a named insured requests\n\nin writing that the uninsured motorist coverage be added to an\n\nexisting or future policy of insurance.\n\nH. The following are effective on forms required on or after\n\nApril 1, 2005. The offer of the coverage required by subsection B\n\nof this section shall be in the following form which shall be filed\n\nwith and approved by the Insurance Commissioner. The form shall be\n\nprovided to the proposed insured in writing separately from the\n\napplication and shall read substantially as follows:\n\nOKLAHOMA UNINSURED MOTORIST COVERAGE LAW\n\nOklahoma law gives you the right to buy Uninsured Motorist\n\ncoverage in the same amount as your bodily injury liability\n\ncoverage. THE LAW REQUIRES US TO ADVISE YOU OF THIS VALUABLE RIGHT\nd by the Insurance Commissioner. The form shall be\n\nprovided to the proposed insured in writing separately from the\n\napplication and shall read substantially as follows:\n\nOKLAHOMA UNINSURED MOTORIST COVERAGE LAW\n\nOklahoma law gives you the right to buy Uninsured Motorist\n\ncoverage in the same amount as your bodily injury liability\n\ncoverage. THE LAW REQUIRES US TO ADVISE YOU OF THIS VALUABLE RIGHT\n\nFOR THE PROTECTION OF YOU, MEMBERS OF YOUR FAMILY, AND OTHER PEOPLE\n\nWHO MAY BE HURT WHILE RIDING IN YOUR INSURED VEHICLE. YOU SHOULD\n\nSERIOUSLY CONSIDER BUYING THIS COVERAGE IN THE SAME AMOUNT AS YOUR\n\nLIABILITY INSURANCE COVERAGE LIMIT.\n\nUninsured Motorist coverage, unless otherwise provided in your\n\npolicy, pays for bodily injury damages to you, members of your\n\nfamily who live with you, and other people riding in your car who\n\nare injured by: (1) an uninsured motorist, (2) a hit-and-run\n\nmotorist, or (3) an insured motorist who does not have enough\n\nliability insurance to pay for bodily injury damages to any insured\n\nperson. Uninsured Motorist coverage, unless otherwise provided in\n\nyour policy, protects you and family members who live with you while\n\nriding in any vehicle or while a pedestrian. THE COST OF THIS\n\nCOVERAGE IS SMALL COMPARED WITH THE BENEFITS!\n\nYou may make one of four choices about Uninsured Motorist\n\nCoverage by indicating below what Uninsured Motorist coverage you\n\nwant:\n\n____ I want the same amount of Uninsured Motorist coverage as my\n\nbodily injury liability coverage.\n\n____ I want minimum Uninsured Motorist coverage $25,000.00 per\n\nperson/$50,000.00 per occurrence.\n\n____ I want Uninsured Motorist coverage in the following amount:\n\n$______________ per person/$_________________ per occurrence.\n\n____ I want to reject Uninsured Motorist coverage.\n\n_________________________\n\nProposed Insured\n\nTHIS FORM IS NOT A PART OF YOUR POLICY AND DOES NOT PROVIDE\n\nCOVERAGE.\n\nI. The Insurance Commissioner shall approve a deviation from\n\nthe form described in subsection H of this section if the form\n\nincludes substantially the same information.\n\nJ. A change in the bodily injury liability coverage due to a\n\nchange in the amount or limits prescribed for bodily injury or death\n\nby a policy meeting the requirements of Section 7-204 of Title 47 of\n\nthe Oklahoma Statutes shall not be considered an amendment of the\n\nbodily injury liability coverage and shall not require the\n\ncompletion of a new form.\n\nK. On the first renewal on or after April 1, 2005, the insurer\n\nshall change the Uninsured Motorist coverage limits to $25,000.00\n\nper person/$50,000.00 per occurrence and charge the corresponding\n\npremium for existing policyholders who have selected Uninsured\n\nMotorist coverage limits less than $25,000.00 per person/$50,000.00\n\nper occurrence. At the first renewal on or after April 1, 2005, the\n\ninsurer shall provide existing policyholders who have selected\n\nUninsured Motorist coverage limits less than $25,000.00 per\n\nperson/$50,000.00 per occurrence a notice of the change of their\n\nUninsured Motorist coverage limits and that notice shall state how\n\nsuch policyholders may reject Uninsured Motorist coverage limits or\n\nselect Uninsured Motorist coverage with limits higher than\n\n$25,000.00 per person/$50,000.00 per occurrence. No notice shall be\n\nrequired to existing policyholders who have rejected Uninsured\n\nMotorist coverage or have selected Uninsured Motorist coverage\n\nlimits equal to or greater than $25,000.00 per person/$50,000.00 per\n\noccurrence. For purposes of this subsection an existing\n\npolicyholder is a policyholder who purchased a policy from the\n\ninsurer before April 1, 2005, and such policy renews on or after\n\nApril 1, 2005.","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":"c698c61ad540795e66bd6c1781b9d7a88f9372431e89fa141c30e085a6796d6c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-3635.1","next":"us-ok/okla.-stat.-tit.-36-36-3637"},"notice":"GroundRules: Original legal text. Not legal advice."}