Okla. Stat. tit. 47, § 47-7-116

A. Except as provided in subsection B of this section, in any

civil action to recover damages arising out of an accident involving

the operation of a motor vehicle or for any claim against the motor

vehicle liability insurance coverage of another party, the maximum

amount that a plaintiff or claimant may receive, if the plaintiff or

Oklahoma Statutes - Title 47. Motor Vehicles Page 407

claimant is not in compliance with the Compulsory Insurance Law,

shall be limited to the amount of medical costs, property damage,

and lost income and shall not include any award for pain and

suffering.

B. The limitations provided for in subsection A of this section

shall not apply:

1. If the plaintiff or claimant was injured by a motorist who

at the time of the accident was operating or using a motor vehicle

while under the influence of drugs or alcohol in violation of any

provision of law relating to the illegal operation or use of a motor

vehicle while under the influence of drugs or alcohol, and that

motorist:

a. was convicted of, or pled guilty or nolo contendere

to, the offense, or

b. dies as a result of the accident if it is proven by a

preponderance of the evidence that the motorist was

operating or using the motor vehicle while under the

influence of drugs or alcohol in violation of any

provision of law relating to the illegal operation or

use of a motor vehicle while under the influence of

drugs or alcohol;

2. If the plaintiff or claimant was a passenger in a motor

vehicle involved in the accident, unless the plaintiff or claimant

is an owner of the vehicle;

3. If the plaintiff or claimant was not in any motor vehicle

involved in the accident;

4. To wrongful death claims;

5. If the motorist who caused the accident:

a. intentionally caused the accident,

b. left the scene of the accident, or

c. at the time of the accident, was acting in furtherance

of the commission of a felony;

6. If, at the time of the accident, the plaintiff or claimant

was claimed as a dependent on the federal income tax return of one

or both parents of the plaintiff or claimant and the parent or

parents were not in compliance with the Compulsory Insurance Law; or

7. If, at the time of the accident, the plaintiff or claimant

previously had been covered by an insurance policy meeting the

requirements of the Compulsory Insurance Law that was terminated or

nonrenewed for failure to pay the premium, unless at least thirty

(30) days prior to the accident notice of termination was sent to

the last-known mailing address of the policyholder.

C. Each person who is involved in the accident which is the

basis for the action or claim by the plaintiff or claimant and who

is found liable for damages to the plaintiff or claimant may assert

the limitation of recovery provided for in subsection A of this

section, unless the provisions of subsection B of this section

Oklahoma Statutes - Title 47. Motor Vehicles Page 408

apply. The motor vehicle liability insurer of the person asserting

the limitation of recovery also may assert the limitation.