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Being involved in a car accident is stressful on its own. But when the other driver is uninsured, it introduces additional layers of complexity and frustration to the process of dealing with the aftermath.
The good news is that an Oklahoma car accident attorney can help you pursue compensation through your own uninsured motorist coverage. They can also explore other avenues for getting you the accountability you deserve.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage pays for injuries you and any passengers in your vehicle suffer due to an accident caused by an uninsured driver. This coverage also applies to accidents caused by hit-and-run drivers. Similar to uninsured motorist coverage, underinsured motorist (UIM) coverage steps in if an at-fault driver has insurance but not enough to cover the extent of your injuries.
It’s important to note that uninsured motorist coverage does not cover damage to your vehicle, which is covered under your collision policy.
Does Oklahoma Require Uninsured Motorist Coverage?
Oklahoma requires vehicle owners to carry liability insurance to cover a minimum of:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
Oklahoma drivers are not required to have uninsured motorist coverage. However, you can purchase additional coverage to protect you in collisions with uninsured and underinsured motorists. If you didn’t reject this coverage in writing, you likely have uninsured motorist coverage.
In Oklahoma, the driver who’s at fault in a collision must pay for victims’ resulting injuries and property damage. But you can encounter a significant obstacle if the at-fault driver lacks insurance. If you don’t have uninsured motorist coverage, you could find yourself on the hook for thousands of dollars in out-of-pocket expenses to pay for your medical bills and any damage to your vehicle.
What Should I Do After an Accident with an Uninsured Driver?
Hopefully, you’ll never have to deal with the fallout from a collision with an uninsured driver. But if you do, it pays to know what actions to take to make the road ahead of you a little easier:
- Call the police — Call the authorities right away to get a police officer to the accident scene. Their report will be critical for determining how the collision occurred, who was at fault, and whether all parties are insured. You’ll appreciate having this information when dealing with any insurance and legal conversations that follow.
- Gather evidence — Take pictures of the scene, including the vehicles involved and your surroundings. They will help the police report and support any action you may need to take.
- Call your insurance company — As soon as you get home, contact your insurance provider. Provide as many details of the accident as you can. Be sure to confirm whether you have active coverage for collisions involving uninsured motorists.
Your insurance company may be reluctant to pay a claim under your uninsured motorist policy if you don’t provide evidence that the other driver was both uninsured and at fault. This is why gathering evidence and documenting the collision scene is so important. It could mean the difference between being covered by your policy and being forced to pay out of pocket.
Can I File a Car Accident Lawsuit Against the Uninsured Driver?
If you get into a collision with an uninsured driver, you still have options even if you don’t carry uninsured motorist coverage. Since Oklahoma is an at-fault state, you can work with an attorney and file a lawsuit if the collision was their fault. The uninsured driver is liable if their negligence led to a crash and your injuries. That means it’s your legal right to seek compensation.
While the uninsured driver may have enough funds to compensate you in a personal injury lawsuit, this may not be the case. In a more likely scenario, the uninsured driver lacks those funds – and you’ll struggle to collect the full amount the court awards you. An attorney can explore alternative options to get you the money you need, such as asking the court to garnish the at-fault driver’s wages to pay for the damage they caused you.
How Do I File an Uninsured Motorist Claim?
If you’re thinking about filing a personal injury claim against the uninsured motorist, your first step is to contact a lawyer with experience handling car accident cases. They’ll be able to handle every step of the process, which could include:
- Helping you understand your rights
- Advising you on your options
- Gathering evidence
- Communicating with other parties involved in the case
- Negotiating a settlement or representing you at trial
Personal injury cases are complex. The amount of compensation you may be able to recover depends on several factors unique to your case. By trusting a compassionate attorney with your claim, you can focus on your physical recovery with the peace of mind that comes from knowing your case is in good hands.
Is There a Time Limit for Filing an Uninsured Motorist Claim?
The terms of your uninsured motorist policy likely include a deadline by which you must have filed your claim to receive coverage. If you need to file a lawsuit against an uninsured driver, Oklahoma state law gives you two years from the accident date.
This is why contacting a car accident lawyer as soon as possible after your accident is important. Gathering evidence and putting together a case on your behalf takes time. You want your attorney to be able to get started right away.
Contact an Oklahoma Car Accident Lawyer
Your road to recovery begins with a call to an Oklahoma car accident lawyer who understands the law and has experience fighting for their clients’ rights in challenging cases. At Edwards & Patterson Law, we care about our Oklahoma clients and bring decades of combined legal experience to our work. Our firm is proud to provide aggressive legal representation that gets positive results. Contact us today for a free consultation to learn more.
