Blog

Your Right to Compensation if Injured as a Passenger in a Car Crash

If you are injured as a passenger in a car accident in Oklahoma, you have several potential legal remedies available to help you recover compensation for your injuries and losses. Your options may depend on factors like who was driving the car you were in — whether it was a friend, a family member, a taxi, or a rideshare vehicle such as Uber or Lyft — and the extent of your injuries.

Oklahoma operates under a fault-based system for car accidents. This means that the driver who is deemed at fault for causing the crash is generally responsible for paying for any damages that result, usually through their auto insurance. However, the driver of the vehicle you were riding may carry Medical Payments (MedPay) coverage, which applies regardless of who was at fault for the accident. MedPay covers reasonable and necessary medical expenses associated with the accident, such as hospital visits, ambulance costs, surgeries, and physical rehabilitation, up to the policy’s dollar limits. Additionally, it might help pay deductibles or co-pays required by your health insurance provider.

If your driver does not have MedPay, it’s possible that you could utilize such benefits through your own auto insurance policy. However, MedPay does not compensate you for pain and suffering, lost wages, or other noneconomic damages. To pursue those types of losses, you have the right to assert a legal claim against the at-fault driver, whether that’s your own driver or another motorist involved in the crash. In that circumstance, your claim would implicate the driver’s liability insurance coverage. The amount you receive from each driver insurer will be allocated based on their degree of fault for the accident.

For private vehicles, Oklahoma law requires drivers to maintain a minimum of $25,000 in bodily injury liability coverage per person and $50,000 per accident. If you are injured while riding in a taxi, the required insurance coverage is often higher: commonly $100,000 per person or $300,000 per accident. Oklahoma law mandates that rideshare companies like Uber and Lyft maintain at least $1 million in commercial liability insurance, which is meant to cover passengers during a paid ride.

In cases where the at-fault driver does not have enough insurance to fully cover your losses, your own uninsured/underinsured motorist (UM/UIM) coverage be used. It is designed to pay for your medical bills, lost wages, pain and suffering and other related damages if the responsible party’s insurance falls short. Oklahoma law requires insurers to offer UM/UIM coverage, and it is typically part of your policy unless you rejected it in writing. The coverage limits usually mirror those of policy’s liability insurance.

In Oklahoma, the statute of limitations for pursuing a personal injury claim from a car accident is generally two years from the date of the crash. Failing to take legal action within this window may permanently bar you from seeking compensation in court. Consulting an experienced Oklahoma auto accident attorney can help clarify your best course of action, assist in identifying all liable parties, and ensure that every available source of compensation is pursued on your behalf.

An experienced Oklahoma auto accident attorney can evaluate the specific facts of your case, identify all potential sources of recovery and take all necessary legal actions to ensure you receive the maximum compensation you are entitled to from all responsible parties.

The law firm of Walsh & Franseen in Edmond, Oklahoma provides dedicated legal counsel to people injured in auto accidents. To schedule a free consultation, call us at 405-843-7600 or contact us online.


Contact the Firm

!
!
!