If the driver who hit you has no insurance or too little, Oklahoma’s uninsured/underinsured motorist (UM/UIM) coverage law lets you turn to your own policy to cover the gap. You can also pursue the at-fault driver directly, or use medical-payments or health coverage. An attorney can help identify every source of recovery available to you.
Car accidents are stressful enough without discovering the other driver cannot pay for what happened. According to the Insurance Information Institute’s most recent data, an estimated 11.8% of Oklahoma drivers carry no insurance at all, and many more carry only the state minimum. Oklahoma law still gives insured drivers several paths to recover compensation even when the at-fault driver cannot pay.
Oklahoma’s Uninsured Motorist Coverage Requirements
Under 47 O.S. § 7-103, every Oklahoma auto policy issued or renewed since April 1, 2005 must carry at least:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
Insurers must also offer uninsured/underinsured motorist (UM/UIM) coverage on every policy under 36 O.S. § 3636, though a driver can reject that coverage, or choose lower limits, in writing. UM/UIM coverage is what fills that gap when the at-fault driver has no insurance, or not enough to cover your damages. The Oklahoma Insurance Department’s consumer guide walks through how to choose UM/UIM limits when you buy or renew a policy.
Penalties for Driving Without Insurance in Oklahoma
Failing to maintain the required coverage is a misdemeanor under 47 O.S. § 7-606, punishable by a fine of up to $250, up to 30 days in jail, or both, plus suspension of your driving privileges. Reinstating a suspended license often also requires filing proof of future financial responsibility (an SR-22) with the Oklahoma Department of Public Safety.
What to Do If the Other Driver Is Uninsured
Take these steps after an accident with an uninsured driver:
- Call the police and get a report on file.
- Gather the other driver’s name, contact information, and vehicle details.
- Photograph or video the accident scene.
- Get medical attention, even if you feel fine at first.
- Report the accident to your own insurance company.
- Talk with an attorney about which coverage applies to your situation.
How Long Do You Have to File a Claim?
Under 12 O.S. § 95, both a personal injury claim and a property damage claim arising from a car accident must be brought within two years of the crash. Waiting can cost you the claim entirely, so it is worth confirming how much time Oklahoma law gives you to sue as soon as possible after the accident.
Options for Compensation After an Accident With an Uninsured Driver
If you carry UM coverage, it becomes your primary source of recovery, paying your damages up to your policy limit. If you did not purchase UM coverage, or your damages exceed it, you still have options:
- File suit against the uninsured driver directly.
- Use medical payments coverage on your own policy, if you have it.
- Use your health insurance to cover treatment.
- Use collision coverage to repair or replace your vehicle.
Can You Sue an Uninsured Driver in Oklahoma?
Yes. Nothing prevents you from suing the driver who hit you, even without insurance. The practical problem is collecting: a driver who could not afford insurance often does not have other assets to satisfy a judgment either. An attorney can help you weigh whether a lawsuit is worth pursuing alongside your UM claim.
Dealing With an Underinsured Driver
When the at-fault driver has some coverage but not enough, Oklahoma’s UIM coverage works on a “difference in limits” basis. First, you collect the at-fault driver’s full liability limit. Then your own UIM coverage pays the difference between that amount and your UIM limit, up to your actual damages. For example, if your damages total $50,000, the at-fault driver carries $25,000 in coverage, and your own UIM limit is $50,000, you could recover the full $50,000: $25,000 from the at-fault driver and $25,000 from your UIM carrier. This matters most when the claim tops out the at-fault driver’s policy, so it is worth reviewing your own UM/UIM limits before you ever need them.
Why Uninsured Motorist Coverage Matters
With well over one in ten Oklahoma drivers uninsured, UM/UIM coverage is not a formality. It protects you and resident family members not only while driving, but also as pedestrians or cyclists, including what happens if you’re hurt by an uninsured driver while walking or biking.
When to Talk to an Attorney
Insurance claims involving an uninsured or underinsured driver get complicated quickly. Hasbrook & Hasbrook can help with walking through the insurance-claim process, building a claim against an underinsured driver, and identifying what compensation categories apply to your case.
What to Look for in a Car Accident Attorney
- Experience with uninsured and underinsured motorist claims
- Working knowledge of Oklahoma insurance law
- A track record of settlements and verdicts in similar cases
- Clear communication throughout your case
- Willingness to take the case to trial if the insurer will not pay fairly
Being hit by an uninsured or underinsured driver in Oklahoma does not have to leave you covering the cost yourself. If you are not sure which coverage applies to your accident, Hasbrook & Hasbrook offers free consultations. Tell us about your uninsured motorist claim, and we will help you sort out where the compensation should come from.
