If you were involved in a car accident in Oklahoma, you have a limited amount of time to file a claim for compensation. The statute of limitations sets a strict deadline, and missing it could mean losing your right to recover damages. Knowing how long you have to take legal action is essential to protecting your ability to seek financial recovery.
How Long Do You Have to File a Car Accident Claim in Oklahoma?
If you were injured in a car accident in Oklahoma, you have a limited amount of time to file a claim. The statute of limitations for personal injury and property damage claims is two years from the date of the accident under Oklahoma Statutes Title 12 § 95(A)(3). Filing your claim on time is critical because missing the deadline could prevent you from recovering compensation for your injuries, medical expenses, and other losses.
The Statute of Limitations for Injury and Property Damage Claims
Oklahoma law sets different deadlines depending on whether your claim involves catastrophic injuries or property damage. If you suffered physical injuries due to another driver’s negligence, you have two years from the accident date to file a lawsuit.
Property damage claims follow the same two-year statute of limitations. If your vehicle was damaged in a crash, you must file your claim within this period to seek compensation for repairs or replacement. Failing to file before the deadline may result in losing the right to recover damages unless an exception applies.
How Oklahoma Law Handles Claims Against Government Entities
If your accident involved a government vehicle or occurred due to hazardous road conditions caused by a city, county, or state agency, special rules apply. Instead of the standard two-year deadline, you must file a formal notice of claim within one year under the Oklahoma Governmental Tort Claims Act under Title 51, § 156.
After submitting your claim, the government agency has 90 days to respond. If they deny your claim or fail to respond, you have 180 days to file a lawsuit. These shorter deadlines make it essential to act quickly if your accident involved a government entity.
Legal Exceptions That Can Extend the Statute of Limitations
In some situations, Oklahoma law allows an extension to the standard filing deadline. These exceptions apply only in limited cases and require strong evidence to qualify:
- Minors involved in the accident – If the injured party was under 18 at the time of the accident, the statute of limitations may be extended. The two-year deadline typically begins on their 18th birthday instead of the accident date.
- Mental or physical incapacity – If a victim is mentally incapacitated or physically unable to pursue legal action after the accident, the deadline may be paused until they regain the ability to file a claim.
- Delayed discovery of injuries – Some injuries do not appear immediately after an accident. If you were unaware of your injury and could not have reasonably discovered it sooner, the statute of limitations may begin on the date your condition was diagnosed.
- Defendant leaves the state – If the at-fault driver leaves Oklahoma before you can file a lawsuit, the statute of limitations may be paused until they return. This prevents negligent drivers from avoiding liability by moving out of state.
What Happens if You File a Claim After the Deadline?
If you try to file a lawsuit after the statute of limitations has expired, the court will likely dismiss your case immediately. Once the deadline passes, the at-fault driver and their insurance company are no longer legally required to compensate you.
There are very few exceptions where late filings may be allowed. In cases involving fraud, where the responsible party deliberately concealed their role in the accident, courts may extend the deadline. However, these situations are rare, and most late claims are dismissed without review.