Hit by an Uninsured Driver in Oklahoma? Here's What to Do

• Oklahoma requires insurers to offer uninsured and underinsured motorist (UM/UIM) coverage under 36 O.S. § 3636. If you rejected UM/UIM coverage, the rejection must have been in writing. Many people do not realize they have this coverage.
• UM coverage pays for medical expenses, lost wages, pain and suffering, and wrongful death damages when the at-fault driver has no insurance. UIM coverage pays the difference when the at-fault driver's insurance is insufficient to cover your damages.
• Your own insurer acts as the opposing party in a UM/UIM claim. Despite being your own insurance company, the insurer's goal is to minimize what it pays. Do not give a recorded statement without consulting an attorney first.
• UM/UIM bad faith claims are available under 36 O.S. § 1250.5 if your insurer unreasonably denies or delays your claim. Bad faith damages can include the full policy limits plus attorney fees and punitive damages.
• The statute of limitations for UM claims is two years under 12 O.S. § 95, but your policy may have shorter notice requirements. Prompt notice to your insurer is required by most UM policies.
• Oklahoma has one of the highest uninsured driver rates in the country. Approximately 1 in 4 Oklahoma drivers carries no auto insurance, making UM/UIM coverage one of the most important protections you can have.

Oklahoma requires insurers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage under 36 O.S. § 3636. If you were hit by an uninsured driver, UM coverage pays for your medical expenses, lost wages, and pain and suffering. If the at-fault driver had insufficient insurance, UIM coverage pays the difference. Your own insurer acts as the opposing party in a UM/UIM claim, so consulting an attorney before giving any statements is important. The statute of limitations is two years under 12 O.S. § 95.

Oklahoma consistently ranks among the top states in the nation for uninsured drivers. According to the Insurance Research Council, approximately 1 in 4 Oklahoma drivers carries no auto insurance at all. If you were hit by one of them, you may be wondering whether you can still recover compensation. The answer is yes, but how you recover depends on your own insurance coverage, the steps you take immediately after the crash, and whether your insurer handles your claim in good faith.

Oklahoma's Uninsured Motorist Law: 36 O.S. § 3636

Oklahoma's uninsured motorist statute, 36 O.S. § 3636, requires every auto insurer doing business in Oklahoma to offer uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage to every policyholder. The statute was enacted specifically to protect Oklahoma drivers from the financial consequences of being injured by an uninsured or underinsured driver.

Uninsured motorist (UM) coverage pays for your damages when the at-fault driver has no liability insurance at all. It also applies in hit-and-run accidents where the at-fault driver cannot be identified.

Underinsured motorist (UIM) coverage pays the difference between your actual damages and the at-fault driver's liability policy limits when those limits are insufficient to cover your full damages. For example, if your damages are $150,000 and the at-fault driver has only $25,000 in liability coverage, your UIM coverage pays up to the difference between your UIM policy limits and the $25,000 already paid by the at-fault driver's insurer.

Under 36 O.S. § 3636, a policyholder may reject UM/UIM coverage, but the rejection must be in writing and must be signed by the named insured. If you do not have a signed written rejection in your file, your insurer was required to include UM/UIM coverage in your policy. Many people discover they have UM/UIM coverage they did not know about when they need it most.

What UM/UIM Coverage Pays For

Oklahoma UM/UIM coverage pays for the same categories of damages that you would be entitled to recover from the at-fault driver directly:

• Medical expenses. All past and future medical costs related to your injuries, including emergency treatment, hospitalization, surgery, physical therapy, and long-term care.
• Lost wages. Income you lost while recovering from your injuries, including time missed from work for medical appointments.
• Loss of earning capacity. If your injuries cause permanent limitations on your ability to work, you may recover for the reduction in your future earning capacity.
• Pain and suffering. Non-economic damages for physical pain, emotional distress, anxiety, depression, and loss of enjoyment of life under 23 O.S. § 61.
• Wrongful death damages. If a family member was killed by an uninsured driver, UM coverage can pay wrongful death damages to the surviving family members, including lost financial support, loss of companionship, and funeral expenses.
• Property damage. Some UM policies include uninsured motorist property damage (UMPD) coverage, which pays for vehicle repairs when the at-fault driver is uninsured. Check your policy for this coverage.

Your Own Insurer Is the Opposing Party

One of the most important things to understand about UM/UIM claims is that your own insurance company acts as the opposing party. Despite the fact that you have been paying premiums to this company for years, the insurer's goal in a UM/UIM claim is to minimize what it pays out. This is a fundamental conflict of interest that many claimants do not anticipate.

Common tactics used by UM/UIM insurers to minimize claims include:

• Requesting a recorded statement immediately. Your insurer will call you quickly after the accident and ask for a recorded statement. Statements made in the days immediately after an accident, before you understand the full extent of your injuries, can be used to minimize your claim. You are generally required to cooperate with your insurer's investigation, but you have the right to consult an attorney before giving any statement.
• Disputing the extent of your injuries. The insurer may send you to an independent medical examination (IME) conducted by a physician of their choosing. These examinations frequently result in opinions that minimize the severity of injuries.
• Arguing that your injuries were pre-existing. If you had any prior injuries or medical conditions affecting the same parts of your body, the insurer will argue that your current injuries are pre-existing rather than caused by the accident.
• Offering a quick, low settlement. Insurers frequently offer a quick settlement before you understand the full extent of your injuries or have consulted an attorney. Accepting a settlement releases all future claims, even if your injuries turn out to be more serious than initially apparent.

UM/UIM Bad Faith Claims Under 36 O.S. § 1250.5

Oklahoma's Unfair Claims Settlement Practices Act, 36 O.S. § 1250.1 through 1250.7, imposes specific obligations on insurers when handling claims. Under 36 O.S. § 1250.5, insurers are prohibited from:

• Failing to acknowledge and act promptly on communications regarding claims
• Failing to adopt and implement reasonable standards for the prompt investigation of claims
• Refusing to pay claims without conducting a reasonable investigation
• Failing to affirm or deny coverage within a reasonable time after proof of loss has been submitted
• Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims when liability has become reasonably clear

If your UM/UIM insurer unreasonably denies or delays your claim in violation of these standards, you may have a bad faith claim against your own insurer. Bad faith damages in Oklahoma can include the full policy limits, attorney fees, and punitive damages under 23 O.S. § 9.1. The threat of a bad faith claim is one of the most powerful tools an attorney can use to obtain fair treatment from a UM/UIM insurer.

What If You Do Not Have UM/UIM Coverage

If you do not have UM/UIM coverage, or if your UM/UIM limits are insufficient to cover your damages, you have several other options:

Collision coverage. Your collision coverage pays for vehicle repairs minus your deductible, regardless of fault. If the other driver was uninsured, your collision insurer may subrogate against the uninsured driver to recover what it paid, which could result in your deductible being refunded.

Medical payments (MedPay) coverage. MedPay coverage pays for your medical expenses regardless of fault, up to the policy limits. It is a relatively inexpensive add-on that many Oklahoma drivers carry without realizing it.

Suing the at-fault driver directly. You can file a personal injury lawsuit against the uninsured driver personally. Most uninsured drivers have limited collectible assets, but some own real property or have wages that can be garnished. An attorney can investigate the at-fault driver's assets before advising you on whether a direct lawsuit is worthwhile.

Hit-and-run cases. If you were injured in a hit-and-run accident and the at-fault driver cannot be identified, your UM coverage applies. Most UM policies require that there be physical contact between your vehicle and the hit-and-run vehicle, though some policies cover phantom vehicle accidents where there was no contact.

Steps to Take After Being Hit by an Uninsured Driver

1. Call 911 immediately. Get a police report documenting the accident and confirming that the other driver had no insurance. The police report is essential documentation for your UM claim.
2. Gather evidence at the scene. Photograph both vehicles, the damage, the road conditions, and any visible injuries. Get the other driver's name, address, and driver's license number even if they have no insurance. Get contact information for any witnesses.
3. Seek medical attention immediately. Go to the emergency room or urgent care the same day, even if you feel okay. Delayed treatment gives the insurer ammunition to argue your injuries were not caused by the accident.
4. Notify your own insurance company promptly. Most UM policies require timely notice of the accident as a condition of coverage. Notify your insurer as soon as possible, but do not give a recorded statement until you have consulted an attorney.
5. Do not give a recorded statement without consulting an attorney. Even your own insurance company is looking to minimize what it pays. You generally have the right to consult an attorney before giving any statement.
6. Do not accept a quick settlement offer. Wait until you have reached maximum medical improvement (MMI) and understand the full extent of your injuries before accepting any settlement. Accepting a settlement releases all future claims.
7. Contact a personal injury attorney. UM/UIM claims are adversarial proceedings against your own insurer. An attorney who handles UM/UIM claims regularly knows the tactics insurers use and how to counter them.

If you were hit by an uninsured or underinsured driver in Oklahoma, call (918) 770-9775 for a free consultation. I handle UM/UIM claims across Tulsa, Oklahoma City, and all of Oklahoma. There is no fee unless we win.