FREQUENTLY ASKED QUESTIONS 

How do I obtain a Risk Management forms?

• Click: Forms, Procedures & Surveys

• Contact State Risk Management by mail, phone or fax.

Who can file a claim against the State of Oklahoma, its agencies, or employees?

• Only a claimant can file a claim against the State, its agencies or employees.  A “Claimant” is defined by state statutes as a “person holding an interest in real or personal property which suffers a loss,” a person “actually involved in the accident or occurrence who suffers a loss”, or “in the case of death,” the administrator or personal representative of the estate of an individual who suffered a loss due to the actions of the State, its agencies or an employee.  If damage is to property (i.e. a vehicle), the claimant would be the party listed on the title.

How long from the date of the Incident does the claimant have to file claim?

• A claimant must present a claim against the State within one (1) year of the date the loss or injury occurs.  If a claim is not filed within one (1) year of the date on which the loss occurs, then an individual is “forever barred” from bringing his or her claim.  51 O.S. §156. 

From the time the claim is received into Risk Management how long does the state have to respond?

• By statute, the State has ninety (90) days from the date the claim is received to respond to the claim.  A claim must be filed in writing.  A telephone call does not constitute a claim.  If the State has not approved the claim or denied it, the claim is automatically deemed denied by law ninety (90) days after the claim was received.  51 O.S. §157(A).  A claim may be settled after the ninety (90) day period ends, but this does not stop or pause the time within which a claimant has to file a lawsuit, unless agreed to in writing.  The State makes every effort to investigate and respond to claims as quickly as possible.

When can the claimant file suit?

• By statute, a claimant cannot file a lawsuit until a claim has been denied or ninety (90) days has passed from the date the claim was filed with the State.  A lawsuit may not be filed if a tort claim was not filed.

How long do I have to file suit?

• A claimant has one hundred eighty (180) days from the date a claim is either denied or deemed denied by the passing of the ninety (90) day period to file a lawsuit. 51 O.S. §157(B).

Can the claimant get vehicle rental authorized?

• Risk Management can not authorize a claimant to rent a vehicle.  Each claim must be reviewed by the office of the Oklahoma Attorney General or authorized legal counsel to determine whether a claim will be approved.  If a claim is approved, reasonable vehicle rental will be considered as part of the settlement of the claim.

What if the claimant is my minor child?

• You would then need to fill out the claim form with both custodial parents names as the parent or guardian of the minor.  You would both need to sign the claim form.

Will an adjuster be assigned to my claim?

• Occasionally, Risk Management will assign an adjuster to review a property damage claim for a vehicle.

Can a claimant get authorization for medical care?

• Risk Management cannot authorize any medical care. Each claim must be reviewed by the office of the Oklahoma Attorney General or authorized legal counsel to determine whether a claim will be approved.

What type of additional documentation may be needed for my claim?

• For property damage, two estimates or a repair bill and copy of title and registration are required.  Other documentation that may be submitted if incurred are estimates or receipts for vehicle rental, towing charges, lost wage statements, etc.  If the claim is for personal injury, then copies of all the medical bills and doctors’ reports are required.  Other documentation that may be submitted are medicine prescriptions,  medical aids, etc.

Does the State work like regular insurance companies?

• The State of Oklahoma is self-insured by Risk Management.