Oklahoma consistently ranks among the top states in the nation for uninsured drivers. Approximately 1 in 4 Oklahoma drivers carries no auto insurance at all. If you were hit by one of them, you may be wondering: can I still recover compensation? The answer is yes — but how you recover depends on your own insurance coverage and the steps you take immediately after the crash.
Oklahoma's Uninsured Motorist Law
Under Oklahoma law (36 O.S. § 3636), insurance companies are required to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage to every policyholder. UM/UIM coverage is designed specifically for situations where the at-fault driver has no insurance or insufficient insurance to cover your damages.
What Does Uninsured Motorist Coverage Pay For?
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage (if you have uninsured motorist property damage coverage)
- Wrongful death damages if a family member was killed
What If I Don't Have UM Coverage?
- Your collision coverage can pay for vehicle repairs (minus your deductible), regardless of fault.
- MedPay or PIP coverage can cover medical bills regardless of fault.
- Suing the at-fault driver directly — You can file a lawsuit against the uninsured driver personally. Most uninsured drivers have few collectible assets, but some do own property or have wages that can be garnished.
Steps to Take After Being Hit by an Uninsured Driver
- Call 911 — Get a police report documenting that the other driver had no insurance.
- Gather evidence at the scene — Photos of both vehicles, the other driver's license, and witness information.
- Notify your own insurance company promptly — Most UM policies require timely notice.
- Do not give a recorded statement to your own insurer without legal advice — Even your own insurance company is looking to minimize what they pay.
- Seek medical attention immediately — Document your injuries from day one.
- Contact a personal injury attorney — UM claims involve your own insurer acting as the opposing party.
Oklahoma's Statute of Limitations for UM Claims
You generally have two years from the date of the accident to file a UM claim under Oklahoma law, but your policy may have shorter notice requirements. Do not wait.
If you were hit by an uninsured driver in Oklahoma, call me at (918) 770-9775 for a free consultation. I handle UM/UIM claims across Tulsa, Oklahoma City, and all of Oklahoma — no fee unless we win.
