If an uninsured or underinsured driver hit you in an accident, you may have legal options. An experienced Oklahoma City uninsured/underinsured accident lawyer from Oklahoma Injury Law Firm can review your car insurance, explain Oklahoma at-fault car insurance laws with you, and discuss your legal options for recovery. Contact us today to get started with a free consultation.
Oklahoma’s Car Insurance Laws
Oklahoma requires all motorists to have at least the minimum amount of liability insurance to cover damages they cause to other drivers, which is in the following amounts:
- $25,000 for bodily injury coverage to one person
- $50,000 for bodily injury coverage to more than one person
- $25,000 for property damage per accident
These are just the minimum amounts of insurance required by law. Many drivers choose to purchase higher levels of insurance to protect their personal assets in the event of an accident, as Oklahoma is an at-fault state for car accidents. Here, the at-fault driver is responsible for paying for the damages they cause through their negligence.
Driving without the state-mandated minimum liability insurance is a crime and can result in fines of up to $250 and up to 30 days in jail.
What Is Uninsured and Underinsured Motorist Coverage?
Despite the laws requiring liability insurance, many people still choose to drive without valid insurance. Uninsured motorist (UM) coverage pays for your damages if the at-fault driver has no insurance. In contrast, underinsured motorist (UIM) coverage pays for damages when they exceed the amount of insurance the at-fault driver has. This insurance covers your medical expenses and certain other expenses, but it does not cover property damage.
Insurance providers must offer UM coverage in Oklahoma when drivers purchase auto insurance, and you should have this coverage unless you explicitly rejected it in writing.
Legal Options Following an Accident Involving an Uninsured or Underinsured Driver
There are generally two options available to you following an accident involving an uninsured or underinsured driver: filing a UM/UIM claim or filing a lawsuit against the at-fault driver. Here is more information about each of these options.
Filing an Uninsured Motorist Claim
If you have UM/UIM insurance coverage, you might decide to file a claim with your own insurer for benefits. While you might think this process is simple since you’re dealing with your own insurer, many people find out that it’s not.
Insurance companies are for-profit companies that make money by generating more income from premiums than they pay out in claims. Even when it’s your own insurance company, insurance adjusters may try to minimize the value of your claim to protect their employer’s profits. They may ask you to give them a recorded statement, sign broad medical release forms, or accept lowball settlement offers that are not in your best interests. An experienced lawyer can help protect your rights from your insurance company.
Filing a Personal Injury Lawsuit
Another option may be to file a lawsuit against the at-fault driver to pursue compensation for the full extent of your damages, including medical expenses, lost wages, property damage, and pain and suffering. Even if the at-fault driver didn’t have insurance, they may have personal assets or income that you can garnish to satisfy your judgment against them.
Call Today – Our OKC Uninsured Motorist Lawyers Can Help
Oklahoma Injury Law aims to hold negligent and uninsured drivers accountable for their actions. Contact us online or call us at (405) 310-8800 today for a free, no-obligation consultation.