Okla. Stat. tit. 36, § 36-1250.8

A. If an insurance policy or insurance contract provides for

the adjustment and settlement of first party motor vehicle total

losses, on the basis of actual cash value or replacement with

another of like kind and quality, one of the following methods shall

apply:

1. An insurer may elect to offer a replacement motor vehicle

which is a specific comparable motor vehicle available to the

insured, with all applicable taxes, license fees, and other fees

incident to the transfer of evidence of ownership of the motor

vehicle paid, at no cost to the insured other than any deductible

provided in the policy. The offer and any rejection thereof shall

be documented in the claim file; or

2. An insurer may elect a cash settlement based upon the actual

cost, less any deductible provided in the policy, to purchase a

comparable motor vehicle, including all applicable taxes, license

fees and other fees incident to a transfer of evidence of ownership,

or a comparable motor vehicle. Such cost may be determined by:

a. the cost of a comparable motor vehicle in the local

market area when a comparable motor vehicle is

currently or recently available in the prior ninety

(90) days in the local market area,

b. one of two or more quotations obtained by an insurer

from two or more qualified dealers located within the

local market area when a comparable motor vehicle is

not available in the local market area, or

c. the cost of a comparable motor vehicle as quoted in

the latest edition of the National Automobile Dealers

Association Official Used Car Guide or monthly edition

of any other nationally recognized published

guidebook.

B. If a first party motor vehicle total loss is settled on a

basis which deviates from the methods described in subsection A of

this section, the deviation shall be supported by documentation

giving particulars of the condition of the motor vehicle. Any

deductions from such cost, including, but not limited to, deduction

for salvage, shall be measurable, discernible, itemized and

specified as to dollar amount and shall be appropriate in amount.

Oklahoma Statutes - Title 36. Insurance Page 314

The basis for such settlement shall be fully explained to a first

party claimant.

C. If liability for motor vehicle damages is reasonably clear,

insurers shall not recommend that third party claimants make claims

pursuant to the third party claimants' own policies solely to avoid

paying claims pursuant to such insurer's insurance policy or

insurance contract.

D. Insurers shall not require a claimant to travel unreasonably

either to inspect a replacement motor vehicle, obtain a repair

estimate or have the motor vehicle repaired at a specific repair

shop.

E. Insurers shall, upon the request of a claimant, include the

deductible of a first party claimant, if any, in subrogation

demands. Subrogation recoveries shall be shared on a proportionate

basis with a first party claimant, unless the deductible amount has

been otherwise recovered. No deduction for expenses shall be made

from a deductible recovery unless an outside attorney is retained to

collect such recovery. The deduction shall then be made for only a

pro rata share of the allocated loss adjustment expense.

F. If an insurer prepares an estimate of the cost of automobile

repairs, such estimate shall be in an amount for which it reasonably

may be expected that the damage can be repaired satisfactorily. An

insurer shall give a copy of an estimate to a claimant and may

furnish to the claimant the names of one or more conveniently

located repair shops, if requested by the claimant.

G. If an amount claimed is reduced because of betterment or

depreciation, all information for such reduction shall be contained

in the claim file. Such deductions shall be itemized and specified

as to dollar amount and shall be appropriate for the amount of

deductions.

H. An insurer or its representative shall not require a
re conveniently

located repair shops, if requested by the claimant.

G. If an amount claimed is reduced because of betterment or

depreciation, all information for such reduction shall be contained

in the claim file. Such deductions shall be itemized and specified

as to dollar amount and shall be appropriate for the amount of

deductions.

H. An insurer or its representative shall not require a

claimant to obtain motor vehicle repairs at a specific repair

facility. An insurer or its representative shall not require a

claimant to obtain motor vehicle glass repair or replacement at a

specific motor vehicle glass repair or replacement facility. An

insurer shall fully and promptly pay for the cost of the motor

vehicle repair services or products, less any applicable deductible

amount payable according to the terms of the policy. The claimant

shall be furnished an itemized priced statement of repairs by the

repair facility at the time of acceptance of the repaired motor

vehicle. Unless a cash settlement is made, if a claimant selects a

motor vehicle repair or motor vehicle glass repair or replacement

facility, the insurer shall provide payment to the facility or

claimant based on a competitive price, as established by that

insurer through market surveys or by the insured through competitive

bids at the insured's option, to determine a fair and reasonable

Oklahoma Statutes - Title 36. Insurance Page 315

market price for similar services. Reasonable deviation from this

market price is allowed based on the facts in each case.

I. An insurer shall not use as a basis for cash settlement with

a first party claimant an amount which is less than the amount which

an insurer would pay if repairs were made, other than in total loss

situations, unless such amount is agreed to by the insured.

J. An insurer shall not force a claimant to execute a full

settlement release in order to settle a property damage claim

involving a personal injury.

K. All payment or satisfaction of a claim for a motor vehicle

which has been transferred by title to the insurer shall be paid by

check, draft or electronic payment, payable on demand.

L. In the event of payment of a total loss to a third party

claimant, the insurer shall include any registered lienholder as

copayee to the extent of the lienholder's interest.

M. As used in this section, "total loss" means that the vehicle

repair costs plus the salvage value of the vehicle meets or exceeds

the actual cash value of the motor vehicle prior to the loss, as

provided in used automobile dealer guidebooks.

N. An insurer shall not offer a cash settlement as provided in

paragraph 2 of subsection A of this section for the purchase of a

comparable motor vehicle and then subsequently sell the motor

vehicle which has been determined to be a total loss back to the

claimant if the insurer has determined that the repair of the

vehicle would not result in the vehicle being restored to operative

condition as provided in Section 1111 of Title 47 of the Oklahoma

Statutes unless the claimant specifies in writing or via an

electronic signature that the claimant understands that the motor

vehicle shall be titled as a "junked vehicle".