NU Online News Service, May 25, 2:56 p.m. EDT

The Oklahoma legislature has passed a bill that would preclude uninsured motorists involved in accidents from recovering damages beyond medical costs, property damage and lost income.

Such plaintiffs would be unable to collect noneconomic and pain-and-suffering damages, according to the bill.

The bill is similar to legislation in 2009 that made it through the legislature but was vetoed by then-Governor Brad Henry. Kim Decker, Oklahoma government affairs senior representative, government and industry affairs Farmers/Zurich, speaking on behalf of the American Insurance Association (AIA), says opponents of the bill in 2009 spoke about how the legislation would take away the rights of individuals to pursue damages, and the governor embraced that idea.

In his 2009 veto message, Henry wrote, "It is critical to encourage motorists to carry liability insurance and penalize them when they do not. However, [the legislation] goes too far in its penalties, taking away the basic legal rights of an individual or family who is severely injured in an accident that is not their fault."

He went on to say that innocent victims would be denied appropriate compensation for damages simply because they did not have liability insurance at the time of the accident, and he also said exemptions designed to protect innocent parties are not inclusive enough to "cover the universe of potential victims."

With a new governor in place in 2011, the bill was re-introduced and passed again by the legislature. Decker says Gov. Mary Fallin's staff is evaluating the bill and it is anticipated that she will sign it.

Insurance Commissioner John Doak threw his support behind the measure, noting that nearly one-in-four Oklahoma motorists do not have liability insurance. "That is the third-highest rate nationally…," he says in a statement.

He says the bill will encourage motorists who might forego coverage to obtain it.

Decker says this year opponents of the bill—mostly trial attorneys—argued that health-care providers would be opposed to the legislation because their bills would not be paid. But Decker notes the bill does not limit actual damages, so health-care providers would receive payment.

In a statement, Mark Johnston, state affairs manager, Midwest region, for the National Association of Mutual Insurance Companies, says, "The legislation is a balanced approach that focuses squarely on those who are flouting the law. In addition, it is carefully crafted to protect children and those injured by drunk drivers."

In the Senate, the bill passed 28-20. It enjoyed broader, bi-partisan support in the House, passing 71-25.

Special Reports /

Okla. Legislature Passes Bill Barring Noneconomic Damages For Uninsured Motorists

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