Key Takeaways
- Your Own Insurance May Cover You: Uninsured Motorist (UM) coverage pays for your injuries when the at-fault driver has no insurance. Oklahoma requires insurers to offer it.
- Oklahoma Has High Uninsured Rates: Roughly 1 in 4 Oklahoma drivers may be uninsured. The risk isn't theoretical.
- You Can Still Sue: An uninsured driver is still liable for your injuries—collecting a judgment is the challenge.
The other driver ran a red light and hit you. You're hurt, your car is destroyed, and you're facing medical bills and lost wages. Then you find out: they don't have insurance. In Oklahoma, this scenario is more common than you'd think—and your options depend largely on decisions you made when you bought your own policy.
Oklahoma's Uninsured Driver Problem
Oklahoma consistently ranks among the states with the highest rates of uninsured motorists. Estimates suggest that roughly 20-25% of Oklahoma drivers are uninsured at any given time. That means every fourth or fifth car on the road may have no liability coverage.
The reasons vary—cost, oversight, deliberate choice—but the result is the same: if one of these drivers causes an accident, there may be no insurance to pay for the damage they cause.
Your First Line of Defense: UM/UIM Coverage
What It Is
Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage is insurance you buy that protects you when the at-fault driver has no insurance (UM) or not enough insurance (UIM).
UM coverage: Pays when the at-fault driver has zero insurance.
UIM coverage: Pays when the at-fault driver has insurance, but their policy limits aren't enough to cover your damages.
Oklahoma Law Requires It to Be Offered
Oklahoma law requires auto insurers to offer UM/UIM coverage. When you bought your policy, you either accepted it or signed a waiver rejecting it. Many people don't remember which choice they made until they need the coverage.
Check your policy now—before an accident—to confirm you have this coverage.
How It Works
If you're hit by an uninsured driver and have UM coverage:
- You file a claim with your own insurance company
- Your insurer investigates the accident (just like the other driver's insurer would)
- If liability is clear, your insurer pays for your damages up to your UM policy limits
- You deal with your own company, not a hostile insurer
The process is usually faster and more cooperative than dealing with an adverse insurance company—though disputes can still arise.
Policy Limits Matter
Your UM/UIM coverage only pays up to your policy limits. If you have $50,000 in UM coverage and $100,000 in damages from an uninsured driver accident, you can only recover $50,000 from your insurance.
Higher UM/UIM limits cost more in premiums but provide better protection. Given Oklahoma's high uninsured rate, this coverage is worth considering seriously.
Other Options
Suing the Uninsured Driver
You can sue an uninsured driver personally for the damages they caused. A lawsuit and judgment establishes their legal obligation to pay.
The problem is collection. People who don't have car insurance often don't have assets either. Even with a judgment, you may not be able to collect:
- Wage garnishment: Oklahoma limits garnishment to 25% of disposable earnings
- Asset seizure: Many assets are exempt from collection
- Bankruptcy: The defendant may be able to discharge the debt
A judgment that can't be collected doesn't pay your bills. This is why UM coverage is so important.
MedPay / PIP Coverage
Medical Payments (MedPay) or Personal Injury Protection (PIP) coverage on your own policy may pay for medical expenses regardless of fault. These coverages are typically limited (often $5,000-$10,000) but can help with immediate expenses.
Health Insurance
Your own health insurance covers your medical treatment regardless of who caused the accident. You'll still be responsible for copays and deductibles, and your health insurer may have subrogation rights to recover from any settlement you receive—but it ensures you get treatment.
Hit and Run Situations
If the uninsured driver fled the scene (hit and run), UM coverage typically applies as long as there's physical contact between the vehicles. Some policies require a police report or other documentation of the hit and run.
How to Protect Yourself
Before an Accident
Buy adequate UM/UIM coverage. Given Oklahoma's uninsured driver rates, this is essential protection. Consider limits that match your liability coverage.
Understand your policy. Know what coverage you have and what it means. Review your declarations page annually.
Consider "stacking." If you have multiple vehicles on your policy, some policies allow "stacking" UM/UIM coverage—multiplying the per-vehicle limit by the number of vehicles. This can significantly increase available coverage.
After an Accident with an Uninsured Driver
Call police. Get an official report documenting the accident and the other driver's lack of insurance.
Document everything. Photos, witness information, the other driver's information (even without insurance, get their name, address, and phone number).
Notify your insurance company. Report the accident and make a UM claim.
Get medical treatment. Don't delay treatment because you're worried about payment.
Consult an attorney. UM claims can be complex, and your own insurer isn't always as cooperative as you'd hope.
UM Claims Against Your Own Insurer
One complication: when you make a UM claim, you're making a claim against your own insurance company. They're supposed to be on your side—but they also don't want to pay more than necessary.
UM claim disputes happen. If your insurer denies your claim, undervalues your injuries, or drags out the process, you may need to escalate—including potentially suing your own insurer for breach of contract or bad faith.
This is uncomfortable but sometimes necessary. An attorney can help navigate the relationship while protecting your interests.
Being hit by an uninsured driver is frustrating, but it doesn't have to be financially devastating. With proper UM/UIM coverage, you can recover compensation for your injuries even when the at-fault driver has nothing to offer. The time to arrange this protection is before you need it.
At Addison Law, we handle car accident claims involving uninsured and underinsured drivers. If you've been hit and need help navigating your options, contact us for a free consultation.
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We can help you understand your options for recovery.
This article is for general information only and is not legal advice.
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*This article is for general information only and is not legal advice.*