What to Do If You’re Hit by an Uninsured Driver in Oklahoma

Clayton T. Hasbrook

Written by Clayton T. Hasbrook. Last modified on April 30, 2024

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Uninsured Motorist Coverage in Oklahoma

Oklahoma follows an at-fault insurance system, requiring drivers to show financial responsibility, usually through insurance coverage that satisfies the Compulsory Insurance Law requirements (Section 1704 – Proof of financial responsibility). Auto insurance policies in Oklahoma include Uninsured Motorist Coverage (UM) and Underinsured Motorist Coverage (UIM) unless expressly rejected (Gates v. Eller, 2001 OK 38). The term “uninsured motor vehicle” encompasses vehicles not covered by liability insurance, those with insufficient coverage, or those insured by an insolvent company.

Is uninsured motorist coverage mandatory in Oklahoma?

No, but drivers must decline the coverage in writing. Note: “in writing” also applies to digital signatures, so make sure you read through what policy you are purchasing before declining this coverage with your insurance company.

How much uninsured motorist coverage should I carry?

As much as possible! Increasing your UM/UIM coverage limits beyond the minimum required liability coverage is a prudent decision, as it offers added protection in case of a serious accident where injuries (and medical bills) exceed the at-fault driver’s coverage. You can purchase UM/UIM up to the amount of liability coverage you carry.

Steps to Take After Being Hit by an Uninsured Driver

uninsured motorist coverageWhat should you do immediately after an accident with an uninsured driver?

  1. Ensure Safety and Health: Check for injuries and call 911 if medical attention is needed.
  2. Call the Police: Contact law enforcement to report the accident and request a police report.
  3. Gather Information: Collect contact details from the other driver and witnesses, and note the make, model, and condition of the vehicles involved.
  4. Document the Scene: Take photos of the damage, the surrounding area, and any visible injuries.
  5. Notify Your Insurance: Contact your insurance company to report the accident, even if the other driver is uninsured.

Should I call the police after being hit by an uninsured driver?

Yes, calling the police and filing a report is needed to document the accident and establish the facts of the incident.

What information should I gather at the scene of the accident?

Collect contact information from the other driver and witnesses, and record the vehicles’ make, model, and condition. Photograph the damage, the surrounding area, and any visible injuries. Take as many photos as possible of everything related to the wreck at the scene.

Insured individuals must prove the uninsured status of the other vehicle to recover under UM coverage. Adhere to statutory requirements, such as notifying your insurer within the specified timeframe and cooperating during the claims process.

Filing a Claim with Your Own Insurance Company

What documentation will my insurance company require for an uninsured motorist claim?

Collect substantial evidence to support your claim, including the police report, photos of the damage and injuries, medical records, and witness statements.

What if my insurance company denies or undervalues my uninsured motorist claim?

If your insurance provider denies or undervalues your claim, consult a knowledgeable Oklahoma City personal injury attorney to help with the claims process and secure the compensation you deserve. Your attorney can hold the insurance company accountable by filing a lawsuit.

Paper Judgment Only Worth The Paper It Is Printed OnCan I sue an uninsured driver for damages?

Yes, suing the uninsured driver is possible, but it may not be practical if they lack assets or income to cover the damages. Note that failure to initiate an action against the tortfeasor (the uninsured driver) within the statute of limitations does not relieve the UM insurer from liability.

What challenges might you face when suing an uninsured driver?

The main challenge in suing an uninsured driver is collecting awarded damages if the driver lacks sufficient assets or income to cover the judgment. This is often called a “paper judgment,” as it’s only worth the paper it’s printed on.

Oklahoma’s Efforts to Increase Compliance with Insurance Laws

Oklahoma has implemented the Uninsured Vehicle Enforcement Program, which uses technology to detect uninsured vehicles. Law enforcement can seize license plates and issue citations under this program [Section 7-606.1 – Uninsured Vehicle Enforcement Program; Section 595:15-5-2 – General procedures]. Additionally, the program offers an alternative to criminal prosecution, requiring owners to verify insurance and comply with the law.

Why Choose Hasbrook & Hasbrook for Your Uninsured Motorist Claim?

At Hasbrook & Hasbrook, our mission is clear: to ensure community safety through legal accountability. We are committed to helping our clients focus on healing and recovery while we handle the legal aspects of their cases. Our experienced attorneys will work tirelessly to reduce your stress, provide peace of mind, and maximize your compensation. With a track record of success and a dedication to our clients, you can trust Hasbrook & Hasbrook to fight for your rights.

For more information or to discuss your uninsured motorist claim, don’t hesitate to contact Hasbrook & Hasbrook at 405-605-2426 or visit our contact page. Let us work together to create safer communities and ensure you receive the compensation you deserve.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.