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Can I File a Car Accident Claim after the Statute of Limitations in Oklahoma?

In Oklahoma, filing a car accident claim after the statute of limitations has passed generally results in being barred from recovery forever. Under state law (12 O.S. § 95(A)(3)), the standard deadline to file a personal injury or property damage lawsuit is two years from the date of the accident.

While the two-year rule is strict, there are a few specific exceptions that may apply:

  • Minors: If the victim was under 18 at the time of the accident, the two-year clock typically begins on their 18th birthday.
  • Wrongful Death: The statute of limitations is two years from the date of the person’s death rather than the date of the accident.
  • Governmental Claims: Accidents involving government vehicles or employees are subject to unique procedures and strict documentation rules under the Oklahoma Governmental Tort Claims Act, which may involve different timelines.

Because delaying action can forfeit your right to compensation, it is important to consult with legal counsel to ensure all deadlines are met. Oklahoma also follows a modified comparative negligence rule, which impacts your total recovery based on your percentage of fault, but this rule does not extend the filing deadlines.

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