SB 189 Summary

• Limits damages recovery in motor vehicle accident lawsuits to medical costs, property damage, and lost income (excluding pain and suffering) for plaintiffs without compulsory insurance coverage.

• Creates seven exceptions allowing full damages recovery, including: accidents involving drunk/impaired drivers, injuries to passengers, pedestrians, wrongful death, intentional acts, hit-and-runs, and felony-related accidents.

• Permits both at-fault drivers and their insurers to assert the damage limitation defense in civil actions.

• Exempts dependents of uninsured parents, lapsed insurance policies without proper notice, and previously insured individuals from the damage cap.

• Becomes effective November 1, 2011, and codifies as Section 7-116 of Title 47 of Oklahoma Statutes.