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Car accidents are stressful events, especially when the at-fault driver is uninsured or underinsured. In Oklahoma, all drivers must carry minimum liability insurance, but not everyone complies with this law. According to the Insurance Research Council and the Insurance Information Institute, the most recent data (2022) for Oklahoma estimates that 11.8% of drivers are uninsured.
Oklahoma’s Auto Insurance Requirements
Oklahoma law mandates that all drivers carry the following minimum liability insurance coverage:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
Insurance companies in Oklahoma must offer uninsured/underinsured motorist (UM/UIM) coverage, though drivers can reject this coverage in writing. UM/UIM coverage safeguards your interests if you’re in an accident with a driver who either has no insurance or insufficient coverage to pay for your damages.
What are the penalties for driving without insurance in Oklahoma?
Driving without insurance in Oklahoma is a serious offense. Penalties can include:
- Fines up to $250
- Suspension of driver’s license and vehicle registration
- Potential jail time for repeat offenders
- The requirement to file an SR-22 form for up to three years
These penalties are outlined in Oklahoma Statutes Title 47, Section 7-606.
What to Do If the Other Driver is Uninsured
If you’re in an accident with an uninsured driver in Oklahoma, take these steps:
- Call the police and file a report.
- Gather information about the other driver, including their name, contact information, and vehicle details.
- Document the accident scene with photos and videos if possible.
- Seek medical attention, even if you don’t think you’re seriously injured.
- Contact your insurance company to report the accident.
- Consider consulting with an experienced car accident attorney.
How long do I have to file a claim after an accident in Oklahoma?
In Oklahoma, the timeframe for legal action in personal injury claims, including those from car accidents, is two years from the date of the accident. This is specified in Oklahoma Statutes Title 12, Section 95. For property damage claims, you have five years to file. It’s advisable to start the claims process as soon as possible after the accident.
Options for Compensation After an Accident with an Uninsured Driver
If you have UM/UIM coverage, this will be your primary source of compensation. Your insurance company will cover your damages up to your policy limits.
If you don’t have UM/UIM coverage or your damages exceed your policy limits, consider these options:
- File a lawsuit against the uninsured driver directly.
- Use medical payment coverage on your auto policy, if available.
- Use your health insurance to cover medical bills.
- Use collision coverage to repair your vehicle.
Can I sue an uninsured driver in Oklahoma?
Yes, you can sue an uninsured driver in Oklahoma. However, keep in mind that if they can’t afford insurance, they may not have the assets to pay a judgment. An attorney can help you determine if this is a viable option in your case.
Dealing with an Underinsured Driver
If the at-fault driver has insurance but their coverage limits are too low to fully compensate you:
- Make a claim against the at-fault driver’s insurance and receive the maximum payout under their policy.
- If your damages exceed this amount, make a claim under your own UIM coverage for the remaining amount up to your policy limits.
How does underinsured motorist coverage work in Oklahoma?
Underinsured motorist coverage in Oklahoma works on a “difference in limits” basis. This means your UIM coverage will pay the difference between the at-fault driver’s liability limits and your UIM limits, up to the amount of your damages. For example, if your damages are $50,000, the at-fault driver has $25,000 in coverage, and you have $50,000 in UIM coverage, you could potentially recover the full $50,000 ($25,000 from the at-fault driver and $25,000 from your UIM coverage).
The Importance of UM/UIM Coverage
Given that about 13.4% of Oklahoma drivers are uninsured (according to the Insurance Information Institute), having UM/UIM coverage is crucial. This coverage extends protection to you and your family not just when driving but also as pedestrians or cyclists if hit by an uninsured or underinsured driver.
When to Consult an Attorney
Dealing with insurance claims, especially those involving uninsured or underinsured drivers, can be complex. An experienced car accident attorney can help you with the following:
- Understand your insurance policy and coverage options
- Negotiate with insurance companies
- Explore all potential sources of compensation
- File a lawsuit if necessary
What should I look for in a car accident attorney in Oklahoma?
When choosing a car accident attorney in Oklahoma, consider:
- Experience with uninsured/underinsured motorist claims
- Knowledge of Oklahoma insurance laws
- Track record of successful settlements or verdicts
- Clear communication and responsiveness
- Willingness to take your case to trial if necessary
Many attorneys offer complimentary case evaluations to assess your situation.
Being in an accident with an uninsured or underinsured driver in Oklahoma can complicate your claim, but you have options for seeking compensation. Understanding your insurance coverage, particularly UM/UIM coverage is key to protecting yourself financially. Always consult with an experienced attorney to ensure you’re taking the right steps to recover fair compensation after an accident.
Protect Your Rights After an Accident with an Uninsured Driver
Have you been in an accident with an uninsured or underinsured driver in Oklahoma? Don’t let their lack of coverage leave you financially burdened. Hasbrook & Hasbrook can help you explore all available compensation options. Our experienced attorneys know how to navigate complex insurance laws and fight for your rights. We’ll work tirelessly to ensure you receive the maximum possible recovery for your injuries and damages. Don’t risk losing your right to recover damages – contact us today for a free consultation and learn how we can help you recover the compensation you deserve.