Settling with the other driver's insurer: Oklahoma's UM/UIM notice and 60-day rule

This page covers one step: what Oklahoma's uninsured motorist statute says to do when the at-fault driver's insurer offers its policy limits and you are ready to accept. For coverage questions, such as reading your declarations page or a denial, see uninsured motorist claims.

Why "uninsured" coverage applies when the other driver had insurance

Oklahoma's statute uses the word "uninsured" for both situations. Subsection (C) says that for 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" (36 O.S. § 3636(C)).

So if the driver who hit you on I-40 or Northwest Expressway carried only the state minimum, and your losses are larger, your own UM coverage may be the next layer. People often call this "underinsured motorist" or UIM coverage. Whether your losses are larger than the other driver's limits is a question about your records, not a rule of thumb.

Source: 36 O.S. § 3636(C), https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=87144

What § 3636(F) says, in its own words

The notice rule is the last part of subsection (F). The statute reads:

"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." (36 O.S. § 3636(F))

Three details in that text matter:

• The trigger is "a tentative agreement to settle for liability limits." The statute ties the notice to a limits settlement with "an insured tort-feasor," meaning the at-fault driver who had some insurance.
• The method is "written notice" sent "by certified mail." Keep the mailing receipt and the delivery record with your copy of the letter.
• The clock runs "within sixty (60) days of receipt" of the notice, so the start date is when your UM insurer receives it, not when you mail it.

Source: 36 O.S. § 3636(F), https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=87144

What happens during the 60 days

The statute describes two outcomes.

If the UM insurer substitutes its payment. "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" (§ 3636(F)). In plain terms, your own insurer pays you the tentative settlement amount and steps into your place, in the statute's words "to the extent of such payment and any settlement under the uninsured motorist coverage."

If it doesn't pay in time. "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" (§ 3636(F)).

What you should do on day 61, and whether your release language protects your UM claim, depends on the facts, the settlement papers and your policy. Have a lawyer review the release before you sign it.

Source: 36 O.S. § 3636(F), https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=87144

Does the other driver's payment reduce your UM limits?

The same subsection addresses that directly: "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" (36 O.S. § 3636(F)).

Your UM claim is still measured by your losses and by the terms and limits of your policy. Policies may also contain an arbitration term. Subsection (B) says a UM form "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" (§ 3636(B)). Check your own policy for what it says.

For how losses are measured, see what shapes car accident compensation.

Source: 36 O.S. § 3636(B), (F), https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=87144

A records checklist for the notice

The statute names two kinds of attachments. Practical ways to assemble them after an Oklahoma City wreck:

1. "Written documentation of pecuniary losses incurred, including copies of all medical bills"

• Every medical bill to date: ER, ambulance, imaging, physical therapy, prescriptions. See who pays medical bills after a wreck.
• Wage-loss records, such as an employer letter or pay stubs.
• Your running list of out-of-pocket costs. See documenting car accident losses.

2. "Written authorization or a court order to obtain reports from all employers and medical providers"

• A signed authorization covering each employer and each provider on your list. Ask a lawyer about the scope before you sign one.

Also keep in the same file (good practice, not a statutory list):

• the at-fault insurer's written statement of its policy limits and its offer;
• your own declarations page showing UM coverage;
• the crash report (see how to get your Oklahoma crash report);
• the certified-mail receipt and delivery record for your notice, and a calendar note for day 60 counted from receipt.

What the statute doesn't say

Section 3636(F) doesn't set a deadline for sending the notice after the tentative agreement, and it doesn't spell out what happens if no notice is sent. Those questions depend on the facts, the policy wording and Oklahoma case law, so they belong with a lawyer, not a checklist.

It also doesn't say the 60-day window pauses the lawsuit deadline. Most Oklahoma injury lawsuits against another driver fall in the two-year category, "an action for injury to the rights of another, not arising on contract" (12 O.S. § 95(A)(3)). Ask a lawyer how the two interact in your case. See Oklahoma car accident deadlines.

Sources: 36 O.S. § 3636(F), https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=87144 ; 12 O.S. § 95, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439150

Common mistakes to avoid

• Signing the at-fault insurer's release before the notice step is handled. See settlements and releases and insurance calls after a wreck.
• Assuming only one UM policy is involved. In a rideshare or work-vehicle crash, more than one policy may need notice. See rideshare accidents.
• Calling your UM insurer instead of sending the written, certified-mail notice the statute describes.
• Sending the notice without the medical bills or the authorization the statute lists.
• Counting 60 days from the mailing date instead of the date of receipt.

Jason Hicks personally reviews every 405 inquiry.

Common questions

What is a 3636(F) notice in Oklahoma?

It's the written notice Oklahoma's UM statute requires when "a tentative agreement to settle for liability limits has been reached" with the at-fault driver. It goes to your uninsured motorist insurer "by certified mail" (36 O.S. § 3636(F)).

What has to be in the notice?

The statute lists "written documentation of pecuniary losses incurred, including copies of all medical bills" and a "written authorization or a court order to obtain reports from all employers and medical providers" (§ 3636(F)).

How long does my UM insurer have to respond?

"Within sixty (60) days of receipt of this written notice," the UM insurer "may substitute its payment to the insured for the tentative settlement amount" (§ 3636(F)).

Does the at-fault driver's settlement reduce my UM limits?

The statute says the at-fault driver's payment "shall not reduce or be a credit against the total liability limits" of your own UM coverage (§ 3636(F)). Your claim still depends on your losses and your policy.

Can I sign the other insurer's release right away?

Have a lawyer review the release and the notice step first. What a release does to a UM claim depends on its wording and the facts.

What to do next: see Oklahoma City car accident questions and next steps.

Information, not legal advice. Every crash is different.