{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-7-116","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-7-116","heading":"Damage limitation - Compulsory Insurance Law","body":"A. Except as provided in subsection B of this section, in any\n\ncivil action to recover damages arising out of an accident involving\n\nthe operation of a motor vehicle or for any claim against the motor\n\nvehicle liability insurance coverage of another party, the maximum\n\namount that a plaintiff or claimant may receive, if the plaintiff or\n\nclaimant is not in compliance with the Compulsory Insurance Law,\n\nshall be limited to the amount of medical costs, property damage,\n\nand lost income and shall not include any award for pain and\n\nsuffering.\n\nB. The limitations provided for in subsection A of this section\n\nshall not apply:\n\n1. If the plaintiff or claimant was injured by a motorist who\n\nat the time of the accident was operating or using a motor vehicle\n\nwhile under the influence of drugs or alcohol in violation of any\n\nprovision of law relating to the illegal operation or use of a motor\n\nvehicle while under the influence of drugs or alcohol, and that\n\nmotorist:\n\na. was convicted of, or pled guilty or nolo contendere\n\nto, the offense, or\n\nb. dies as a result of the accident if it is proven by a\n\npreponderance of the evidence that the motorist was\n\noperating or using the motor vehicle while under the\n\ninfluence of drugs or alcohol in violation of any\n\nprovision of law relating to the illegal operation or\n\nuse of a motor vehicle while under the influence of\n\ndrugs or alcohol;\n\n2. If the plaintiff or claimant was a passenger in a motor\n\nvehicle involved in the accident, unless the plaintiff or claimant\n\nis an owner of the vehicle;\n\n3. If the plaintiff or claimant was not in any motor vehicle\n\ninvolved in the accident;\n\n4. To wrongful death claims;\n\n5. If the motorist who caused the accident:\n\na. intentionally caused the accident,\n\nb. left the scene of the accident, or\n\nc. at the time of the accident, was acting in furtherance\n\nof the commission of a felony;\n\n6. If, at the time of the accident, the plaintiff or claimant\n\nwas claimed as a dependent on the federal income tax return of one\n\nor both parents of the plaintiff or claimant and the parent or\n\nparents were not in compliance with the Compulsory Insurance Law; or\n\n7. If, at the time of the accident, the plaintiff or claimant\n\npreviously had been covered by an insurance policy meeting the\n\nrequirements of the Compulsory Insurance Law that was terminated or\n\nnonrenewed for failure to pay the premium, unless at least thirty\n\n(30) days prior to the accident notice of termination was sent to\n\nthe last-known mailing address of the policyholder.\n\nC. Each person who is involved in the accident which is the\n\nbasis for the action or claim by the plaintiff or claimant and who\n\nis found liable for damages to the plaintiff or claimant may assert\n\nthe limitation of recovery provided for in subsection A of this\n\nsection, unless the provisions of subsection B of this section\n\napply. The motor vehicle liability insurer of the person asserting\n\nthe limitation of recovery also may assert the limitation.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"46f305e44b60da29e6f0700b9fafc2206ab7d2f61f1f6a6921b25d21e07303c9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-7-103","next":"us-ok/okla.-stat.-tit.-47-47-7-201"},"notice":"GroundRules: Original legal text. Not legal advice."}