Disclaimer: This article provides educational information only and does not constitute legal advice under Oklahoma law.
Detailed Answer
When multiple parties share a single insurance policy limit, that limit typically applies to all covered defendants combined. If your medical bills, property damage and other losses exceed that shared cap, you must seek additional recovery beyond the exhausted limit. Here are common paths for pursuing unpaid damages under Oklahoma law.
1. Underinsured Motorist Coverage
If you carry underinsured motorist (UIM) coverage, you can file a claim against your own insurer for the gap between the at-fault parties’ limit and your total loss. Oklahoma requires insurers to offer UIM coverage on auto policies. See 36 O.S. § 3636.1.
2. Excess and Umbrella Policies
Check whether any defendant holds an excess or umbrella insurance policy. Excess policies respond after the primary limit is paid. If an umbrella policy covers one or more at-fault parties, you can demand payment of its limit.
3. Direct Lawsuit and Proportionate Liability
File a civil suit naming each at-fault party. Under Oklahoma’s proportionate responsibility law, the court apportions fault and enters a single judgment. See 23 O.S. § 13. Each insurer must pay up to its limit, and you may collect the difference from defendants personally.
4. Post-Judgment Collection
Once you obtain a judgment for unpaid damages, use Oklahoma post-judgment remedies such as wage garnishment, bank levy or property liens to collect from individual assets. Title 12 of the Oklahoma Statutes governs execution and garnishment procedures.
5. Bad-Faith or Stacking Claims
If an insurer refuses a valid UIM or excess claim, you may pursue a bad-faith action or seek to stack multiple uninsured/underinsured policies under certain conditions. Consult statutory rules and case law before filing.
Each case differs based on policy language and facts. Consult a qualified attorney to navigate complex coverage issues and collection strategies.
Helpful Hints
- Review your own UIM and umbrella policy declarations immediately.
- Obtain a complete insurance coverage list for all at-fault parties early in litigation.
- Ask the court for a detailed apportionment of fault.
- Track policy limits and send timely demand letters to preserve claims.
- Consider structured settlements or third-party litigation financing if you need cash flow.