In Oklahoma, you first pursue the at-fault driver’s liability policy. If it does not cover your damages, you file an underinsured motorist (UIM) claim with your own insurer, which state law requires unless you rejected the coverage in writing (36 O.S. § 3636). Document your damages and notify your insurer promptly.
Imagine you are hurt in a car accident and the other driver is at fault, but their insurance policy is too small to cover your medical bills, lost wages, and vehicle damage. This is where why Oklahoma drivers carry underinsured motorist protection matters. UIM lets you claim the difference from your own insurance policy once the at-fault driver’s coverage runs out. At Hasbrook & Hasbrook, our attorneys help Oklahoma clients pursue the full value of their UIM claims.
What Is an Underinsured Motorist (UIM) Claim in Oklahoma?
A UIM claim arises when the driver who caused your accident has liability insurance, but the policy limits are not enough to pay for your injuries and damages. Oklahoma only requires drivers to carry minimum liability limits of $25,000 per person and $50,000 per accident for bodily injury (47 O.S. § 7-103(2)(b)), an amount a serious crash can exhaust quickly. When that happens, your own personal injury protection or UIM coverage can help cover the gap between what the at-fault driver’s insurer pays and what you actually need.
How UIM Coverage Protects You
UIM coverage is part of your own auto policy. Once the at-fault driver’s liability limits are exhausted, your UIM coverage can help pay remaining medical bills, lost wages, pain and suffering, and property damage. It shifts the source of payment from the at-fault driver’s insurer to your own, so a low policy limit on the other side does not leave you covering the rest out of pocket.
UIM vs. Uninsured Motorist (UM) Coverage
UM and UIM coverage protect you in different situations, and Oklahoma law requires insurers to offer both unless a policyholder rejects the coverage in writing.
- UM coverage applies when the at-fault driver has no insurance at all.
- UIM coverage applies when the at-fault driver has some insurance, but not enough to cover your damages.
Carrying both is worth considering: UM protects you when there is no policy to pursue, and UIM coverage protects you when the other driver’s policy falls short.
How to File a UIM Claim in Oklahoma
Filing a UIM claim follows a specific sequence, and skipping a step can slow down or jeopardize your recovery.
- Exhaust the at-fault driver’s policy. You must first pursue the at-fault driver’s liability coverage. Once those limits are used up, or their insurer denies the claim, you can move forward with a UIM claim against your own insurer. Understanding resolving the at-fault driver’s liability claim before pursuing UIM benefits helps you avoid mistakes that could reduce what your own policy will pay.
- Notify your own insurer. Tell your insurance company about the accident and your intent to file a UIM claim as soon as possible. Delaying notice can slow down the general process for filing an insurance claim after a crash.
- Cooperate with the investigation. Your insurer will review medical records, repair estimates, and the accident report, then assess your claim against your policy’s UIM limits. Organized records of every bill and communication strengthen your position, since how insurers typically handle car accident claims often comes down to how well-documented a claim is.
Negotiating With Your Own Insurer
In a UIM claim, you are negotiating with your own insurance company instead of the at-fault driver’s. Insurers owe their policyholders good faith and fair dealing, but they are still businesses looking to limit payouts, which can mean low initial offers or slow processing.
- If your insurer is not acting in good faith, document every delay and lowball offer. That record matters if the claim drags on well past how long a car accident case usually takes to settle.
- Counter a low offer with solid evidence: medical bills, wage-loss records, property damage estimates, and, where needed, expert opinions on the value of your injuries.
Documenting Your Damages for a UIM Claim
Strong documentation is what proves your damages exceed the at-fault driver’s insurance limits.
- Economic losses. Keep medical bills, wage statements, and receipts, since these directly offset the typical costs of pursuing a personal injury claim and carry real weight with an adjuster.
- Non-economic losses. Pain and suffering are harder to quantify. A journal describing how your injuries affect daily life, paired with your medical records, helps support these damages.
Common Challenges in UIM Claims
UIM claims raise their own set of obstacles. Insurers may dispute how much of your policy applies. Policies issued or renewed after November 1, 2014 are not subject to stacking multiple coverages unless the policy expressly allows it. Some insurers also use bad faith tactics, such as unreasonable delay or an unfairly low offer, to reduce what they pay.
When to Consider Arbitration or a Lawsuit
If your insurer will not offer a fair settlement, many policies require arbitration before you can sue. Arbitration can resolve a dispute faster than a lawsuit, but it also limits your right to appeal the outcome. When arbitration does not produce a fair result, or your insurer is acting in bad faith, filing a lawsuit against your own insurer may be the next step.
Why Work With an Attorney on a UIM Claim
Negotiating with your own insurer is not the same as filing an ordinary claim: the company that owes you money is also the company managing the process. An attorney helps level that imbalance and works to make sure every category of damage, including medical bills, lost wages, and pain and suffering, is accounted for before you decide how to weigh a settlement offer from your insurer.
Frequently Asked Questions (FAQs)
Do I have to pay a deductible for a UIM claim?
Typically, no. UIM claims usually do not carry a deductible, unlike a collision claim.
Will filing a UIM claim raise my premiums?
It should not, since you were not at fault. Rate changes still vary by insurer.
What if my UIM limits are too low to cover my damages?
If your damages exceed every available policy, including your own UIM limits, you may be able to pursue a personal injury claim directly against the driver who caused your crash.
How long does a UIM claim take?
Longer than a standard claim in most cases, since you generally must resolve the claim against the at-fault driver’s insurer first.
Is UM/UIM coverage required in Oklahoma?
Insurers must offer it, but you can reject it in writing under 36 O.S. § 3636. Given how many Oklahoma drivers carry only the state minimum, carrying it is worth strong consideration.
How can an attorney help with my UIM claim?
An attorney can handle negotiations, push back on bad faith tactics, and pursue the full UIM benefits your policy provides.
Contact Us About Your UIM Claim
Dealing with an underinsured driver is frustrating, but your own policy exists for exactly this situation. Hasbrook & Hasbrook can review your policy, handle communications with your insurer, and help you pursue the full UIM benefits available to you. Schedule a free consultation to review your policy.
