Okla. Stat. » Title 36 — INSURANCE
Oklahoma Statutes

Okla. Stat. tit. 36, § 3636 (2026)

Uninsured motorist coverage

✓ current as of July 2026
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A. No policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance or use of a motor vehicle shall be issued, delivered, renewed, or extended in this state with respect to a motor vehicle registered or principally garaged in this state unless the policy includes the coverage described in subsection B of this section. B. The policy referred to in subsection A of this section shall provide coverage therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness or disease, including death resulting therefrom. Coverage shall be not less than the amounts or limits prescribed for bodily injury or death for a policy meeting the requirements of Section 7-204 of Title 47 of the Oklahoma Statutes, as the same may be hereafter amended; provided, however, that increased limits of liability shall be offered and purchased if desired, not to exceed the limits provided in the policy of bodily injury liability of the insured. Policies issued, renewed or reinstated after November 1, 2014, shall not be subject to stacking or aggregation of limits unless expressly provided for by an insurance carrier. The uninsured motorist coverage shall be upon a form approved by the Insurance Commissioner as otherwise provided in the Insurance Code and may provide that the parties to the contract shall, upon demand of either, submit their differences to arbitration; provided, that if agreement by arbitration is not reached within three (3) months from date of demand, the insured may sue the tort-feasor. C. For the purposes of this coverage the term "uninsured motor vehicle" shall include an insured motor vehicle where the liability

insurer thereof is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency. For the purposes of this coverage the term "uninsured motor vehicle" shall also include an insured motor vehicle, the liability limits of which are less than the amount of the claim of the person or persons making such claim, regardless of the amount of coverage of either of the parties in relation to each other. D. An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect where the liability insurer of the tort-feasor becomes insolvent within one (1) year after such an accident. Nothing herein contained shall be construed to prevent any insurer from according insolvency protection under terms and conditions more favorable to its insured than is provided hereunder. E. For purposes of this section, there is no coverage for any insured while occupying a motor vehicle owned by, or furnished or available for the regular use of the named insured, a resident spouse of the named insured, or a resident relative of the named insured, if such motor vehicle is not insured by a motor vehicle insurance policy. F. In the event of payment to any person under the coverage required by this section and subject to the terms and conditions of such coverage, the insurer making such payment shall, to the extent thereof, be entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of such person against any person or organization legally responsible for the bodily injury for which such payment is made, including the proceeds recoverable from the assets of the insolvent insurer. Provided, however, with respect to payments made by reason of the coverage described in subsection C of this section, the insurer making such payment shall not be entitled to any right of recovery against such tort-feasor in excess of the proceeds recovered from the assets of the insolvent insurer of said tort-feasor. Provided further, that any payment made by the insured tort-feasor shall not reduce or be a credit against the total liability limits as provided in the insured's own uninsured motorist coverage. Provided further, that if a tentative agreement to settle for liability limits has been reached with an insured tort-feasor, written notice shall be given by certified mail to the uninsured motorist coverage insurer by its insured. Such written notice shall include: 1. Written documentation of pecuniary losses incurred, including copies of all medical bills; and 2. Written authorization or a court order to obtain reports from all employers and medical providers. Within sixty (60) days of receipt of this written notice, the uninsured motorist coverage insurer may substitute its payment to the insured for the tentative

settlement amount. The uninsured motorist coverage insurer shall then be entitled to the insured's right of recovery to the extent of such payment and any settlement under the uninsured motorist coverage. If the uninsured motorist coverage insurer fails to pay the insured the amount of the tentative tort settlement within sixty (60) days, the uninsured motorist coverage insurer has no right to the proceeds of any settlement or judgment, as provided herein, for any amount paid under the uninsured motorist coverage. G. A named insured or applicant shall have the right to reject uninsured motorist coverage in writing. The form signed by the insured or applicant which initially rejects coverage or selects lower limits shall remain valid for the life of the policy and the completion of a new selection form shall not be required when a renewal, reinstatement, substitute, replacement, or amended policy is issued to the same-named insured by the same insurer or any of its affiliates. Any changes to an existing policy, regardless of whether these changes create new coverage, do not create a new policy and do not require the completion of a new form. After selection of limits, rejection, or exercise of the option not to purchase uninsured motorist coverage by a named insured or applicant for insurance, the insurer shall not be required to notify any insured in any renewal, reinstatement, substitute, amended or replacement policy as to the availability of such uninsured motorist coverage or such optional limits. Such selection, rejection, or exercise of the option not to purchase uninsured motorist coverage by a named insured or an applicant shall be valid for all insureds under the policy and shall continue until a named insured requests in writing that the uninsured motorist coverage be added to an existing or future policy of insurance. H. The following are effective on forms required on or after April 1, 2005. The offer of the coverage required by subsection B of this section shall be in the following form which shall be filed with and approved by the Insurance Commissioner. The form shall be provided to the proposed insured in writing separately from the application and shall read substantially as follows: OKLAHOMA UNINSURED MOTORIST COVERAGE LAW Oklahoma law gives you the right to buy Uninsured Motorist coverage in the same amount as your bodily injury liability coverage. THE LAW REQUIRES US TO ADVISE YOU OF THIS VALUABLE RIGHT FOR THE PROTECTION OF YOU, MEMBERS OF YOUR FAMILY, AND OTHER PEOPLE WHO MAY BE HURT WHILE RIDING IN YOUR INSURED VEHICLE. YOU SHOULD SERIOUSLY CONSIDER BUYING THIS COVERAGE IN THE SAME AMOUNT AS YOUR LIABILITY INSURANCE COVERAGE LIMIT. Uninsured Motorist coverage, unless otherwise provided in your policy, pays for bodily injury damages to you, members of your family who live with you, and other people riding in your car who are injured by: (1) an uninsured motorist, (2) a hit-and-run

motorist, or (3) an insured motorist who does not have enough liability insurance to pay for bodily injury damages to any insured person. Uninsured Motorist coverage, unless otherwise provided in your policy, protects you and family members who live with you while riding in any vehicle or while a pedestrian. THE COST OF THIS COVERAGE IS SMALL COMPARED WITH THE BENEFITS! You may make one of four choices about Uninsured Motorist Coverage by indicating below what Uninsured Motorist coverage you want: ____ I want the same amount of Uninsured Motorist coverage as my bodily injury liability coverage. ____ I want minimum Uninsured Motorist coverage $25,000.00 per person/$50,000.00 per occurrence. ____ I want Uninsured Motorist coverage in the following amount: $______________ per person/$_________________ per occurrence. ____ I want to reject Uninsured Motorist coverage. _________________________ Proposed Insured THIS FORM IS NOT A PART OF YOUR POLICY AND DOES NOT PROVIDE COVERAGE. I. The Insurance Commissioner shall approve a deviation from the form described in subsection H of this section if the form includes substantially the same information. J. A change in the bodily injury liability coverage due to a change in the amount or limits prescribed for bodily injury or death by a policy meeting the requirements of Section 7-204 of Title 47 of the Oklahoma Statutes shall not be considered an amendment of the bodily injury liability coverage and shall not require the completion of a new form. K. On the first renewal on or after April 1, 2005, the insurer shall change the Uninsured Motorist coverage limits to $25,000.00 per person/$50,000.00 per occurrence and charge the corresponding premium for existing policyholders who have selected Uninsured Motorist coverage limits less than $25,000.00 per person/$50,000.00 per occurrence. At the first renewal on or after April 1, 2005, the insurer shall provide existing policyholders who have selected Uninsured Motorist coverage limits less than $25,000.00 per person/$50,000.00 per occurrence a notice of the change of their Uninsured Motorist coverage limits and that notice shall state how such policyholders may reject Uninsured Motorist coverage limits or select Uninsured Motorist coverage with limits higher than $25,000.00 per person/$50,000.00 per occurrence. No notice shall be required to existing policyholders who have rejected Uninsured Motorist coverage or have selected Uninsured Motorist coverage limits equal to or greater than $25,000.00 per person/$50,000.00 per occurrence. For purposes of this subsection an existing policyholder is a policyholder who purchased a policy from the

insurer before April 1, 2005, and such policy renews on or after April 1, 2005. Added by Laws 1968, c. 106, § 2, eff. July 1, 1968. Amended by Laws 1976, c. 28, § 1, emerg. eff. March 16, 1976; Laws 1979, c. 178, § 1, emerg. eff. May 16, 1979; Laws 1989, c. 98, § 1, eff. Nov. 1, 1989; Laws 1990, c. 297, § 4, eff. Sept. 1, 1990; Laws 1994, c. 294, § 5, eff. Sept. 1, 1994; Laws 2001, c. 209, § 1, eff. Nov. 1, 2001; Laws 2001, c. 363, § 18, eff. July 1, 2001; Laws 2004, c. 519, § 25, eff. Nov. 1, 2004; Laws 2009, c. 7, § 1, eff. Nov. 1, 2009; Laws 2009, c. 176, § 31, eff. Nov. 1, 2009; Laws 2014, c. 307, § 1, eff. Nov. 1, 2014.

Notes of Decisions
Cited in 172 cases (19 in the last 5 years), 1972–2026 · leading case: Raymond v. Taylor, 2017 OK 80 (Okla. 2017).
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Raymond v. Taylor, 2017 OK 80 (Okla. 2017). · cites it 10× “Specifically, the Court stated: MFA contends that the statute requiring uninsured motorist coverage, 36 O.S. § 3636 (E), specifically allows for subrogation rights.”
Graham v. Travelers Ins. Co., 2002 OK 95 (Okla. 2002). · cites it 14× “In his response, Graham moved for an interlocutory order [2] arguing he was entitled to UM/UIM motorist coverage under the policy Travelers issued to CKE because that policy provides liability coverage for employees while using their own automobiles, and those covered for…”
Silver v. Slusher, 770 P.2d 878 (Okla. 1989). · cites it 8× “The dispositive issue is whether the terms of 36 O.S.1981 § 3636 1 impose an affirmative duty upon insurers to provide an explanation of uninsured motorist coverage [UMC] to the named insureds as an indispensable precondition for a statutorily effective rejection.”
Byus v. Mid-Century Ins. Co., 912 P.2d 845 (Okla. 1996). · cites it 27× “Okla.Stat. tit. 36, § 3636 (1991). [1] In its factual statement, the majority opinion provides that the operator of the vehicle made the U-turn to follow the Byus automobile at the direction of one of the alleged shooters.”
Lane v. Progressive N. Ins. Co., 2021 OK 40 (Okla. 2021). · cites it 22× “¶ 1 The United States Court of Appeals for the Tenth Circuit certified to this Court the following question of law: Does Progressive's UM Exclusion--which operates to deny uninsured motorist coverage to insureds who recover at least the statutorily mandated minimum in the form…”
Burch v. Allstate Ins. Co., 1998 OK 129 (Okla. 1999). · cites it 12× “Under the provisions of 36 O.S.1991 § 3636, [2] uninsured motorist ("UM") coverage is primary, [3] meaning that an uninsured motorist carrier is liable for the entire amount of its insured's loss from the first dollar up to the UM policy limits without regard to the presence of…”
May v. Nat'l Union Fire Ins. Co. of Pittsburgh, 918 P.2d 43 (Okla. 1996). · cites it 9× “: Given that uninsured motorist coverage is imputed to the policy at issue as a matter of law according to the facts presented below, what are the limits of the imputed coverage under Okla. Stat. tit. 36 § 3636 as amended September 1990? FACTS The following facts are provided by…”
Coates v. Progressive Direct Ins. Co., 2022 OK 45 (Okla. 2022). · cites it 16× “36 O.S. § 3636 36 O.S. § 3636 Lane v. Progressive Northern Ins.”
Cofer v. Morton, 784 P.2d 67 (Okla. 1989). · cites it 15× “Under Okla. Stat. tit. 36, § 3636 (C), as amended effective March 16, 1976, and prior to its amendment effective May 16, 1979, is the determination that a vehicle is an "uninsured motor vehicle" made by comparing (1) the per person limit of liability of the tortfeasor's bodily…”
State Farm Auto. Ins. Co. v. Greer, 777 P.2d 941 (Okla. 1989). · cites it 8× “Melissa Greer sued the university, the driver of the vehicle and State Farm in Payne County District Court on the theory that the university and the driver were underinsured motorists as defined by 36 O.S.1981 § 3636 at the time of the accident and, therefore, she should be…”
McSorley v. Hertz Corp., 885 P.2d 1343 (Okla. 1994). · cites it 7× “” Title 36 O.S.1981 § 3636 was amended in 1989 and again in 1990.”
Mann Ex Rel. Mann v. Farmers Ins. Co., 761 P.2d 460 (Okla. 1988). · cites it 14× “28 § 1 went into effect as 36 O.S.Supp. 1976 § 3636. This statutory amendment of the previous form of section 3636 added the provision in subsection (C) to make uninsured motorist coverage applicable to the situation where the tort-feasor was underinsured.”
Show all 172 citing cases →
— Okla. Stat. tit. 36, § 3636(1) — 1 case
Fields v. Farmers Ins., 847 F. Supp. 160 (W.D. Okla. 1993).
— Okla. Stat. tit. 36, § 3636(A) — 18 cases
Raymond v. Taylor, 2017 OK 80 (Okla. 2017). “Specifically, the Court stated: MFA contends that the statute requiring uninsured motorist coverage, 36 O.S. § 3636 (E), specifically allows for subrogation rights.”
Beauchamp Ex Rel. Beauchamp v. Sw. Nat'l Ins. Co., 746 P.2d 673 (Okla. 1987).
McSorley v. Hertz Corp., 885 P.2d 1343 (Okla. 1994). “” Title 36 O.S.1981 § 3636 was amended in 1989 and again in 1990.”
Silver v. Slusher, 770 P.2d 878 (Okla. 1989). “The dispositive issue is whether the terms of 36 O.S.1981 § 3636 1 impose an affirmative duty upon insurers to provide an explanation of uninsured motorist coverage [UMC] to the named insureds as an indispensable precondition for a statutorily effective rejection.”
Keel v. MFA Ins. Co., 553 P.2d 153 (Okla. 1976).
— Okla. Stat. tit. 36, § 3636(A)(B) — 1 case
Frank v. Allstate Ins. Co., 727 P.2d 577 (Okla. 1986).
— Okla. Stat. tit. 36, § 3636(B) — 28 cases
Cofer v. Morton, 784 P.2d 67 (Okla. 1989). “Under Okla. Stat. tit. 36, § 3636 (C), as amended effective March 16, 1976, and prior to its amendment effective May 16, 1979, is the determination that a vehicle is an "uninsured motor vehicle" made by comparing (1) the per person limit of liability of the tortfeasor's bodily…”
Karlson v. City of Oklahoma City, 711 P.2d 72 (Okla. 1985).
Uptegraft v. Home Ins. Co., 662 P.2d 681 (Okla. 1983).
Burch v. Allstate Ins. Co., 1998 OK 129 (Okla. 1999). “Under the provisions of 36 O.S.1991 § 3636, [2] uninsured motorist ("UM") coverage is primary, [3] meaning that an uninsured motorist carrier is liable for the entire amount of its insured's loss from the first dollar up to the UM policy limits without regard to the presence of…”
Mann Ex Rel. Mann v. Farmers Ins. Co., 761 P.2d 460 (Okla. 1988). “28 § 1 went into effect as 36 O.S.Supp. 1976 § 3636. This statutory amendment of the previous form of section 3636 added the provision in subsection (C) to make uninsured motorist coverage applicable to the situation where the tort-feasor was underinsured.”
— Okla. Stat. tit. 36, § 3636(C) — 24 cases
Raymond v. Taylor, 2017 OK 80 (Okla. 2017). “Specifically, the Court stated: MFA contends that the statute requiring uninsured motorist coverage, 36 O.S. § 3636 (E), specifically allows for subrogation rights.”
Buzzard v. Farmers Ins. Co., Inc., 824 P.2d 1105 (Okla. 1991).
MFA Ins. Co. v. Hankins, 610 P.2d 785 (Okla. 1980).
Cofer v. Morton, 784 P.2d 67 (Okla. 1989). “Under Okla. Stat. tit. 36, § 3636 (C), as amended effective March 16, 1976, and prior to its amendment effective May 16, 1979, is the determination that a vehicle is an "uninsured motor vehicle" made by comparing (1) the per person limit of liability of the tortfeasor's bodily…”
McSorley v. Hertz Corp., 885 P.2d 1343 (Okla. 1994). “” Title 36 O.S.1981 § 3636 was amended in 1989 and again in 1990.”
— Okla. Stat. tit. 36, § 3636(D) — 1 case
Burch v. Allstate Ins. Co., 1998 OK 129 (Okla. 1999). “Under the provisions of 36 O.S.1991 § 3636, [2] uninsured motorist ("UM") coverage is primary, [3] meaning that an uninsured motorist carrier is liable for the entire amount of its insured's loss from the first dollar up to the UM policy limits without regard to the presence of…”
— Okla. Stat. tit. 36, § 3636(E) — 14 cases
Porter v. MFA Mut. Ins. Co., 643 P.2d 302 (Okla. 1982).
State Farm Auto. Ins. Co. v. Greer, 777 P.2d 941 (Okla. 1989). “Melissa Greer sued the university, the driver of the vehicle and State Farm in Payne County District Court on the theory that the university and the driver were underinsured motorists as defined by 36 O.S.1981 § 3636 at the time of the accident and, therefore, she should be…”
Welch v. Union Mut. Ins. Co. of Providence, 776 P.2d 847 (Okla. 1989).
Burch v. Allstate Ins. Co., 1998 OK 129 (Okla. 1999). “Under the provisions of 36 O.S.1991 § 3636, [2] uninsured motorist ("UM") coverage is primary, [3] meaning that an uninsured motorist carrier is liable for the entire amount of its insured's loss from the first dollar up to the UM policy limits without regard to the presence of…”
Roberts v. Mid-Continent Cas. Co., 790 P.2d 1121 (Okla. Civ. App. 1989).
— Okla. Stat. tit. 36, § 3636(E)(2) — 2 cases
Farmers Ins. Co. v. Est. of Stark, 924 P.2d 798 (Okla. Civ. App. 1996).
Barnes ex rel. Barnes v. Oklahoma Farm Bureau Mut. Ins. Co., 869 P.2d 852 (Okla. Civ. App. 1993).
— Okla. Stat. tit. 36, § 3636(F) — 16 cases
Raymond v. Taylor, 2017 OK 80 (Okla. 2017). “Specifically, the Court stated: MFA contends that the statute requiring uninsured motorist coverage, 36 O.S. § 3636 (E), specifically allows for subrogation rights.”
Beauchamp Ex Rel. Beauchamp v. Sw. Nat'l Ins. Co., 746 P.2d 673 (Okla. 1987).
Silver v. Slusher, 770 P.2d 878 (Okla. 1989). “The dispositive issue is whether the terms of 36 O.S.1981 § 3636 1 impose an affirmative duty upon insurers to provide an explanation of uninsured motorist coverage [UMC] to the named insureds as an indispensable precondition for a statutorily effective rejection.”
Plaster v. State Farm Mut. Auto. Ins. Co., 791 P.2d 813 (Okla. 1989).
McSorley v. Hertz Corp., 885 P.2d 1343 (Okla. 1994). “” Title 36 O.S.1981 § 3636 was amended in 1989 and again in 1990.”
— Okla. Stat. tit. 36, § 3636(G) — 2 cases
Hartline v. Hartline, 2001 OK 15 (Okla. 2001).
Anaya-smith v. Federated Mut. Ins. Co., 2024 OK 34 (Okla. 2024).
— Okla. Stat. tit. 36, § 3636(G)(2) — 3 cases
Withrow v. Pickard, 905 P.2d 800 (Okla. 1995).
Perkins v. Hartford Underwriters Ins. Co., 889 P.2d 1262 (Okla. Civ. App. 1994).
Kinder v. Oklahoma Farmers Union Mut. Ins. Co., 943 P.2d 617 (Okla. 1997).
— Okla. Stat. tit. 36, § 3636(H) — 6 cases
Lane v. Progressive N. Ins. Co., 2021 OK 40 (Okla. 2021). “¶ 1 The United States Court of Appeals for the Tenth Circuit certified to this Court the following question of law: Does Progressive's UM Exclusion--which operates to deny uninsured motorist coverage to insureds who recover at least the statutorily mandated minimum in the form…”
May v. Nat'l Union Fire Ins. Co. of Pittsburgh, 918 P.2d 43 (Okla. 1996). “: Given that uninsured motorist coverage is imputed to the policy at issue as a matter of law according to the facts presented below, what are the limits of the imputed coverage under Okla. Stat. tit. 36 § 3636 as amended September 1990? FACTS The following facts are provided by…”
May v. Nat. Union Fire Ins. Co., 918 P.2d 43 (Okla. 1996).
Anaya-smith v. Federated Mut. Ins. Co., 2024 OK 34 (Okla. 2024).
O'BRIEN v. Dorrough, 928 P.2d 322 (Okla. Civ. App. 1996).
— Okla. Stat. tit. 36, § 3636(I) — 2 cases
Ball v. Wilshire Ins. Co., 2009 OK 38 (Okla. 2009).
Fields v. Farmers Ins., 847 F. Supp. 160 (W.D. Okla. 1993).
— Okla. Stat. tit. 36, § 3636(K) — 1 case
Ball v. Wilshire Ins. Co., 2009 OK 38 (Okla. 2009).
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