Okla. Stat. » Title 47 — MOTOR VEHICLES
Oklahoma Statutes

Okla. Stat. tit. 47, § 7-116 (2026)

Damage limitation - Compulsory Insurance Law

✓ current as of July 2026
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A. Except as provided in subsection B of this section, in any civil action to recover damages arising out of an accident involving the operation of a motor vehicle or for any claim against the motor vehicle liability insurance coverage of another party, the maximum amount that a plaintiff or claimant may receive, if the plaintiff or

claimant is not in compliance with the Compulsory Insurance Law, shall be limited to the amount of medical costs, property damage, and lost income and shall not include any award for pain and suffering. B. The limitations provided for in subsection A of this section shall not apply: 1. If the plaintiff or claimant was injured by a motorist who at the time of the accident was operating or using a motor vehicle while under the influence of drugs or alcohol in violation of any provision of law relating to the illegal operation or use of a motor vehicle while under the influence of drugs or alcohol, and that motorist: a. was convicted of, or pled guilty or nolo contendere to, the offense, or b. dies as a result of the accident if it is proven by a preponderance of the evidence that the motorist was operating or using the motor vehicle while under the influence of drugs or alcohol in violation of any provision of law relating to the illegal operation or use of a motor vehicle while under the influence of drugs or alcohol; 2. If the plaintiff or claimant was a passenger in a motor vehicle involved in the accident, unless the plaintiff or claimant is an owner of the vehicle; 3. If the plaintiff or claimant was not in any motor vehicle involved in the accident; 4. To wrongful death claims; 5. If the motorist who caused the accident: a. intentionally caused the accident, b. left the scene of the accident, or c. at the time of the accident, was acting in furtherance of the commission of a felony; 6. If, at the time of the accident, the plaintiff or claimant was claimed as a dependent on the federal income tax return of one or both parents of the plaintiff or claimant and the parent or parents were not in compliance with the Compulsory Insurance Law; or 7. If, at the time of the accident, the plaintiff or claimant previously had been covered by an insurance policy meeting the requirements of the Compulsory Insurance Law that was terminated or nonrenewed for failure to pay the premium, unless at least thirty (30) days prior to the accident notice of termination was sent to the last-known mailing address of the policyholder. C. Each person who is involved in the accident which is the basis for the action or claim by the plaintiff or claimant and who is found liable for damages to the plaintiff or claimant may assert the limitation of recovery provided for in subsection A of this section, unless the provisions of subsection B of this section

apply. The motor vehicle liability insurer of the person asserting the limitation of recovery also may assert the limitation. Added by Laws 2011, c. 366, § 1, eff. Nov. 1, 2011.

Notes of Decisions
Cited in 6 cases, 2014–2019 · leading case: Lee v. Bueno, 2016 OK 97 (Okla. 2016).
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Lee v. Bueno, 2016 OK 97 (Okla. 2016). · cites it 2× “Because 47 O.S.2011, § 7-116 impacts less than an entire class of similarly situated claimants it is under-inclusive and, therefore, we find it to be an unconstitutional special law prohibited by art.”
Beason v. I. E. Miller Servs., Inc., 441 P.3d 1107 (Okla. 2019). · cites it 5× “Potter , 84 the Court addressed the scope of 47 O.S.2011 § 7-116, and concluded it violated Okla.”
Montgomery v. Potter, 2014 OK 118 (Okla. 2014). “Because 47 O.S.2011, § 7-116 impacts less than an entire class of similarly situated claimants it is under-inclusive and, therefore, we find it to be an unconstitutional special law prohibited by art.”
Beason v. I. E. Miller Servs., Inc., 2019 OK 28 (Okla. 2019). · cites it 2× “Potter , 84 the Court addressed the scope of 47 O.S.2011 § 7-116, and concluded it violated Okla.”
Lee v. Bueno, 2016 OK 97 (Okla. 2016). · cites it 7× “We determined 47 O.S. 2011 § 7-116 held uninsured drivers to different and much stricter standards than other plaintiffs in automobile negligence cases.”
Montgomery v. Potter, 2014 OK 118 (Okla. 2014). · cites it 5× “Pursuant to 47 O.S.2011 § 7-116, Defendant alleges that Montgomery is precluded from seeking pain and suffering damages due to her status as an uninsured driver.”
Okla. Stat. tit. 47, § 7-116(A): 1 case
Lee v. Bueno, 2016 OK 97 (Okla. 2016). “We determined 47 O.S. 2011 § 7-116 held uninsured drivers to different and much stricter standards than other plaintiffs in automobile negligence cases.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.