What Happens if I Was Hit by an Uninsured Driver in Oklahoma?

In the aftermath of a car accident, things can be chaotic and scary. If you have loved ones in the car with you, you are probably concerned about who has been hurt and how they were injured. Then you start to consider the damage to your car, and talking to the driver who hit you about their insurance information.

You find out they don’t have insurance. Your heart drops.

When the at-fault driver doesn’t have car insurance, are you doomed? Uninsured drivers are common in Oklahoma, with an estimated 13.4% of motorists on the road without car insurance (according to the Insurance Research Council).

Breathe a sigh of relief though—unless you opted out of uninsured motorist coverage (UM) in writing, your own insurance company coverage applies to your accident. In any case, a car accident lawyer can help you get a fair settlement after you’ve been hit by an uninsured driver, even from your own insurance company.

How Uninsured and Underinsured Motorist Coverage (UM/UIM) Works

Uninsured motorist coverage is usually grouped together in a UM/UIM policy.

Oklahoma requires drivers to have car insurance, because when an at-fault driver is responsible for a car accident, they must pay the costs for the victims. Unfortunately, not everyone on the road carries insurance. If an uninsured motorist causes an accident, your own uninsured motorist coverage helps pay your damages.

Here are the basics:

• When you buy car insurance in Oklahoma, the insurance company is required to offer you UM/UIM coverage as well. Unless you opted out of this coverage in writing, it is part of your policy.
• If you’re in a car accident caused by an uninsured driver, you can file a UM/UIM insurance claim with your own auto insurance company. Essentially, this coverage allows your own car insurance to stand in place of the at-fault driver’s liability insurance coverage, and pay for medical bills, pain and suffering, lost wages, and other injury-related damages.
• Your UM/UIM coverage does not help with property damage. You would use your own collision coverage to repair or replace your car and any other property damage. If you only have liability insurance, you will have to pay out of pocket for your car damage.
• If you are in a hit-and-run accident and the at-fault driver is never identified, you can also submit an uninsured motorist claim to cover your injuries.

You are probably wondering about the underinsured (“UIM”) part of UM/UIM coverage, too.

When an insured driver causes an accident that results in an injury to another person, their insurance company will only pay up to the amount of liability coverage the driver bought (i.e., the policy limits).

In Oklahoma, the minimum policy coverage is $25,000 per person for injuries/death, up to $50,000 per accident. If you suffer serious injuries and require medical attention during a car accident that is the other driver’s fault, your medical costs can easily exceed those limits. When the at-fault driver only carries the bare minimum required insurance coverage, you would normally be on your own for any costs above their policy limits.

In this situation, you can rely on your own underinsured motorist coverage if your insurance claim with the underinsured driver’s insurance provider reaches the policy limits. Once again, it will cover your medical bills, but not your property damage.

RELATED: How Insurance Companies Determine Fault in Car Accidents in Oklahoma City

How to File a Claim With UI/UIM Insurance

After an accident with an uninsured driver, you may be recovering from your injuries, figuring out how to fix or replace your car, and worrying about missing work. You know you have to file an insurance claim to seek reimbursement for your losses, but the claims process is going to be a headache and you’re not exactly sure where to start. Car accidents are bad enough, but factor in uninsured drivers and you might be tempted to procrastinate.

Don’t delay your uninsured driver claim. If you wait too long, the insurance company is more likely to deny your claim.

In theory, it should be simple.

1. Let your car insurance company know that you’ve been in an auto accident with an uninsured driver.
2. Send them any evidence you have, like a police report, photos, medical expenses, etc.
3. They will review your claim. They might ask for more information, or they might send out an insurance agent to take a look at your vehicle.
4. If the insurance company agrees that you were not at fault for the accident and your injuries are crash-related, they will make you a settlement offer.

In reality, it might be more complicated. Even though it’s your own insurance coverage, you can’t necessarily trust your insurance provider to give you fair compensation following your accident. After all, their number one goal is to pay the smallest amount they can.

Insurance companies often send out a low-ball offer, hoping you need the money right away and won’t try to negotiate a higher settlement. They don’t want you to know that you have options—and that a personal injury lawyer can make a big difference to your claim.

RELATED: Top 4 Most Common Mistakes When Dealing With the Insurance Company After a Car Accident

A Car Accident Lawyer Can Help—Even With Your Own Auto Insurance Company

If you’ve been hit by an uninsured or underinsured driver, you might expect that your own insurance provider will treat you fairly—after all, you’ve been a loyal customer for years!

Any experienced car accident lawyer knows that is sadly not the case. An uninsured driver accident claim can be complicated. The insurance company will try every tactic they know to reduce the payout. They might argue that your injuries are not as severe as you say, and use things like photos posted on social media to back up their argument. They’re happy to let you pay them for uninsured motorist coverage, but when it comes time to use your policy, you need a skilled lawyer to strengthen your claim.

A lawyer can investigate the accident, gathering things like CCTV footage, accident reconstruction specialists, medical expert testimony, and more to show the full extent of your damages. They can show the other driver was at-fault, and that your insurance policy is required to take care of your covered losses. They might even discover other insurance policies that can help cover your expenses if you reach the limits of your personal injury protection.

People often worry about the expense of hiring a lawyer. At Colbert Cooper Hill Attorneys, you pay nothing up front, and our fees are taken from your settlement—not your pocketbook. Our team has extensive experience with settlement negotiations, and we aren’t afraid to take a case to court if needed. When you’ve been the victim of an at-fault driver, and you need help with your uninsured motorist coverage claim, the Wolf Pack™ is here for you.

RELATED: How Much to Expect from an Oklahoma City Car Accident Settlement

Call the Wolf Pack™ For Help If You’ve Been Hit By An Uninsured Driver

When an uninsured driver hits your car and causes serious injuries, it can take months or years to recover. Even beyond physical injuries, the trauma and mental anguish caused by the wreck can change your life. You deserve to heal from your injuries without the stress of the financial burden. At Colbert Cooper Hill Attorneys, we will compassionately listen to your story and do what we can to help you recover.

For a free consultation about the specifics of your case, get in contact with us by calling 405-347-8551 or fill out our online form. We’ll review your case and let you know what your options are. Don’t wait another day before getting the Wolf Pack™ on your side.

References

Corum, David. (2021, March 22). One in Eight Drivers Uninsured. City, ST: Insurance Research Council. Retrieved from https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.