Several cases in Oklahoma have addressed the issue of exactly who can recover damages under an uninsured motorist policy. Often, claimants may be made to believe that various stipulations bar their recovery for damages under a UM policy. For instance, an insured may recover UM benefits even though the statute of limitations has run on his claim against the tort-feasor. Under Oklahoma law, the UM claim is covered by a 5-year statute of limitation applicable to all contract actions. Although the tort-feasor is covered by a 2-year statute of limitations on claims of negligence, this is not a condition of the insured being “legally entitled to recover” under the UM policy.
For more information on this subject, please refer to the section on Car and Motorcycle Accidents.