What Happens If You’re Hit by an Uninsured Driver in Oklahoma?

When you’re hit by a careless driver in Oklahoma, it’s hard to think beyond the next few moments. Once you fully process everything that’s happened, one thought is likely to go through your mind: how good is the other driver’s insurance? Drivers are often worried about negligent drivers that carry the state minimum, but your situation is even worse if the other driver has no insurance at all.

After a car accident, finding the right legal representation is critical for your case. Call Biby Law Firm to discuss your next steps now.

Oklahoma law on uninsured drivers

In Oklahoma, drivers are legally obligated to carry liability insurance on their vehicle. Despite this requirement, the Oklahoma Insurance Department reports that this state has one of the highest rates of uninsured drivers in the entire country. The minimum requirements in this state are 25/50/25—$25,000 of bodily injury protection per person, $50,000 of total bodily injury per accident, and $25,000 of property damage per accident. However, the state recommends a 100/300/100 split to more adequately cover serious accidents.

So you’ve been hit by an uninsured driver. What are your options for recovering compensation?

What is uninsured motorist coverage?

The best case scenario involves tapping into your uninsured motorist coverage. Uninsured and underinsured motorist coverage is something you can add to your automobile insurance policy. It’s not required in Oklahoma, but insurers are required to offer it. You can purchase a minimum of $25,000 of bodily injury per person and $50,000 of bodily injury per accident, up to your amount of liability coverage (if you have more than the minimum), or any amount of coverage in between the two. For example, if you have $250,000/$500,000 in liability coverage, you’re to purchase as much as $250,000/$500,000 in UM, all the way down to the minimum of $25,000/$50,000.

It’s important to note that Oklahoma UM/UIM covers bodily injury only by default. Some insurers do offer uninsured motorist property damage (UMPD), but it’s optional. This distinction is often misunderstood by policyholders. This would be covered by your collision and comprehensive coverage if you choose to purchase it. Some insurers do offer uninsured motorists property damage coverage, but unlike regular uninsured motorist coverage, this is not required to be offered, so many insurance companies do not offer it.

Steps to take immediately after an accident

After a car accident, it is crucial that you call the police and report it. If the other driver is uninsured, odds are good that they will try to talk you out of this. If they are caught driving without insurance, they can be cited and fined. However, you need to protect yourself, and that means reporting the accident to the police.

Another key part of protecting yourself in this situation is seeking medical care immediately. You may not feel injured, but that doesn’t mean you aren’t injured. It could very well be that the adrenaline is protecting you from feeling your injuries. If you are injured, you want to get them identified and treated as soon as possible—both for your health and for your personal injury claim. Keep all the documentation you receive, including bills, treatment recommendations, diagnostic scans, and referrals to specialists.

You’ll also need to report the accident to your insurance. Part of your contract with them involves you reporting all accidents in a timely manner. Notifying them right away gives them the chance to start their investigation and determine fault.

Finally, it’s time to reach out to a car accident lawyer in Oklahoma. Your lawyer will act on your behalf through the process by investigating the crash, looking into the other party’s insurance coverage (or lack thereof), and any assets that could be used to pay a judgment against them.

Pursuing compensation without the at-fault driver’s insurance

The hardest part of being hit by an at-fault driver is trying to recover compensation when they do not have insurance. People often think that they can just sue the other party directly if they do not have insurance, and technically, you can. However, being able to sue the other party doesn’t mean you’ll actually be able to collect from them. Someone who doesn’t carry car insurance because it’s too expensive is unlikely to have sizable assets that could be used to collect on a judgment. In that case, going to court simply costs you time and money without getting you any closer to fair compensation.

Your lawyer can also help you explore options through your own insurance, such as collision coverage and uninsured motorist coverage. They can be especially helpful if your insurance provider attempts to get out of paying you without any real grounds to do so.

In some cases, you may be able to sue a third party for the damage caused by the crash. For example, if the driver was on the clock at the time of the crash, their employer may be liable for the compensation you’re owed. There may also be secondary sources of insurance if the negligent driver did not own the vehicle involved.

How an attorney can help

After a collision with an uninsured driver, it’s natural to panic and feel overwhelmed. You may be worried about being out of work without compensation, having to cover your own medical bills, and having your own car insurance go up. Working with a car accident lawyer in Tulsa can give you clarity, guidance, and peace of mind. Your lawyer will explore different potential avenues for compensation and help you fight for what you are owed.

Choose Biby Law Firm—we’re here to help

The team at Biby Law Firm is here to support you as you seek compensation after a car accident. Let’s talk more about your legal options and next steps. Just give us a call or reach out online to set up a consultation right away.