Knowing there’s an insurance policy to fall back on can be a relief in the shocking and often confusing aftermath of an Oklahoma car accident. Whether it’s your policy or the other driver’s, insurance could provide necessary reimbursement for medical bills, vehicle repairs, and more. But what happens when the other driver is uninsured?
Even though car insurance is mandatory in Oklahoma, many people choose to drive without it. According to the Insurance Information Institute (III), one in eight drivers nationwide was uninsured in a single recent year. That same year, about 13 percent of Oklahoma drivers were uninsured, higher than the national average.
If you were injured in an Oklahoma car accident with an uninsured driver, the dedicated legal team at Ryan Bisher Ryan and Simons has your back. We understand how overwhelming it can be to deal with the fallout of a wreck when you can’t rely on third-party insurance. To learn more about your legal options after an uninsured motorist accident in Oklahoma, contact us online for a free consultation.
Oklahoma Car Insurance Requirements
Oklahoma requires all drivers with vehicles registered in the state to carry specific minimum amounts of liability insurance. Your liability insurance pays for injuries and property damage to other people caused by accidents that were your fault. Minimum liability coverage amounts for Oklahoma drivers are:
- $25,000 per person in bodily injury liability protection
- $50,000 per accident in bodily injury liability protection
- $25,000 per accident in property damage liability protection
The Oklahoma Insurance Department (OID) notes that many accidents result in injuries and property damage with costs over the mandatory minimum coverage amounts. To protect yourself from paying steep out-of-pocket expenses if you’re at fault for a crash, the OID recommends carrying at least $100,000 per person and $300,000 per accident in bodily injury liability coverage and $100,000 in property damage liability coverage.
Keep in mind that liability insurance policies only pay for costs associated with injuries or property damage others suffer when you are at fault in an accident. These benefits do not cover your own injuries or property damage expenses.
Auto insurance companies offer a variety of optional types of coverage that kick in to cover your crash-related expenses if you pay to add them to your policy. For example, collision coverage can help you repair vehicle damage or replace a totaled vehicle after an accident, no matter who was at fault. Uninsured motorist (UM) and underinsured motorist (UIM) coverage can help you cover certain accident-related costs if you are involved in a wreck with an uninsured, underinsured, or hit-and-run driver.
What Happens if You’re Hit by an Uninsured Driver?
Generally speaking, you’ll need to turn to your own insurance provider for coverage if you’re in an accident with a driver without auto insurance. Filing an uninsured motorist (UM) claim if you carry UM insurance will typically be your best option.
Oklahoma currently does not require drivers to carry UM insurance coverage. However, insurance companies that operate in the state must offer at least $25,000 per person and $50,000 per accident in UM bodily injury coverage. Still, drivers can reject offers for UM insurance by waiving coverage in writing.
If you carry collision coverage, you should be entitled to benefits that can help you get your car fixed or replaced after you’re hit by an uninsured motorist. But remember that collision coverage does not apply to injuries. It only covers vehicle repair costs up to the limits of your policy.
If you are in an accident with a driver who doesn’t have auto insurance but is driving a vehicle covered by insurance, the vehicle’s insurance policy should cover your crash-related injuries and other losses. However, there may be some exceptions. The accident wouldn’t be covered if the driver didn’t have permission to operate the car or was explicitly excluded from the owner’s insurance policy. In confusing situations, it’s best to contact a knowledgeable uninsured motorist accident attorney for dependable legal advice.
Who Pays for Medical Treatment if the Other Driver Was Uninsured?
UM bodily injury coverage should cover your medical treatment if you were injured in an accident with an uninsured driver in Oklahoma. But what happens if you don’t have UM coverage yourself? You could still obtain coverage for your medical bills through:
- MedPay insurance policy – Medical payments insurance, commonly known as MedPay, is another type of optional auto insurance coverage in Oklahoma. MedPay coverage helps you pay for medical bills and related expenses when you are injured in an accident, regardless of who was at fault.
- Health insurance policy – If you have health insurance through your employer, the healthcare marketplace, or some independent arrangement, your health insurance provider should cover medical expenses up to your policy limits.
- Personal injury lawsuit – With the help of a personal injury lawyer, you could file a lawsuit against the uninsured driver. However, there’s no guarantee that you’ll collect any money even if you win. If the uninsured driver has no assets, there may be no way to force them to pay, even with a court order. An attorney can help you evaluate the practicality of a lawsuit so you don’t waste money on a frivolous case.
Contact an Uninsured Motorist Accident Attorney Today
If you’ve been injured in a collision with an uninsured motorist in Oklahoma, contact Ryan Bisher Ryan and Simons for help. We’re ready to discuss your accident, answer your questions, and help determine what types of compensation might be available. Call us or reach out to us online now for your free consultation with an experienced car accident lawyer.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
