Hit by an Uninsured Driver in Oklahoma?

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 discover the worst part: the at-fault driver doesn't have insurance. No liability coverage, no policy number, nothing. In Oklahoma, this scenario is more common than you'd think — and your options for recovery depend largely on decisions you made when you purchased your own auto policy.

Oklahoma consistently ranks among the states with the highest rates of uninsured motorists. Estimates suggest that roughly 20% to 25% of Oklahoma drivers are uninsured at any given time, meaning every fourth or fifth car on the road may carry no liability coverage at all. The reasons vary — cost, oversight, deliberate choice, lapsed policies — but the result is always the same: when one of these drivers causes an accident, there may be no insurance on their side to pay for the damage they cause. Understanding the protections available to you — particularly your own uninsured motorist coverage — is the difference between recovery and financial catastrophe.

Uninsured Motorist Coverage: Your First and Best Protection

Uninsured Motorist (UM) coverage is insurance you purchase as part of your own auto policy that protects you when the at-fault driver has no insurance. Its companion, Underinsured Motorist (UIM) coverage, protects you when the at-fault driver has some insurance but not enough to cover your full damages. Under 36 O.S. § 3636, Oklahoma law requires auto insurers to offer UM/UIM coverage with every policy. When you purchased your policy, you either accepted UM/UIM coverage or signed a written waiver rejecting it. Many people don't remember which choice they made until they need the coverage — which is why checking your policy now, before an accident, is one of the most important things you can do.

When you're hit by an uninsured driver and you have UM coverage, the process works differently than a normal third-party claim. Instead of dealing with the other driver's insurance company, you file a claim with your own insurer. Your insurance company investigates the accident — analyzing fault, reviewing medical records, and assessing damages — the same way the at-fault driver's insurer would in a conventional claim. If liability is clear, your insurer pays for your damages up to your UM policy limits.

The process is generally faster and more cooperative than dealing with an adverse insurance company, because you're making a claim under your own policy with an insurer that has a contractual obligation to you. But disputes can and do arise. Your insurer still has financial incentives to minimize payments, and disagreements about the value of your injuries, the extent of your treatment, or the necessity of future medical care are common even in UM claims. When those disputes escalate, you may need to pursue arbitration or litigation against your own insurer — an uncomfortable but sometimes necessary step.

Your UM/UIM coverage only pays up to your policy limits. If you carry $50,000 in UM coverage and sustain $100,000 in damages from an uninsured driver accident, you can only recover $50,000 from your insurance. Higher limits cost more in monthly premiums but provide substantially better protection. Given Oklahoma's uninsured driver rates, matching your UM/UIM limits to your liability limits is a minimum recommendation, and carrying higher limits is worth considering seriously.

If you have multiple vehicles on your policy, some policies allow "stacking" — multiplying the per-vehicle UM/UIM limit by the number of vehicles covered. Stacking can significantly increase your available coverage. A $100,000 UM limit on a policy covering three vehicles might provide $300,000 in stacked coverage, depending on the specific policy language. Check with your agent or read your declarations page to understand whether your policy allows stacking.

Other Recovery Options

Beyond UM/UIM coverage, several other sources may help cover your losses. Medical Payments coverage (MedPay) or Personal Injury Protection (PIP) on your own policy pays for medical expenses regardless of who caused the accident. These coverages are typically limited — often $5,000 to $10,000 — but can help with immediate expenses like emergency room visits and initial treatment while the larger claim is being processed. Your own health insurance also covers your medical treatment regardless of fault. You'll still be responsible for copays and deductibles, and your health insurer may assert subrogation rights to recover from any settlement you ultimately receive, but health insurance ensures you receive necessary treatment without delay.

You can also sue the uninsured driver personally for the damages they caused. A lawsuit and judgment establish their legal obligation to pay you, and the judgment doesn't go away — it can be enforced for years. The practical problem is collection. People who don't carry auto insurance frequently don't have significant assets or income to collect against. Oklahoma limits wage garnishment to 25% of disposable earnings, many personal assets are exempt from collection under state law, and the defendant may be able to discharge the debt in bankruptcy. A judgment that can't be collected doesn't pay your medical bills, which is precisely why UM coverage is so critical as a first line of defense.

Hit and Run Situations

If the uninsured driver fled the scene, UM coverage typically still applies — as long as there was physical contact between the vehicles. This physical contact requirement exists in most UM policies to prevent fraudulent claims. If you can document the hit and run through police reports, witness statements, physical evidence of contact on your vehicle, or surveillance footage, your UM claim should proceed. File a police report immediately after any hit and run, both to document the incident and to satisfy your insurer's reporting requirements.

Bad Faith: When Your Own Insurer Won't Pay

One complication that catches many people off guard is that UM claims put you in an adversarial relationship with your own insurance company. They're contractually obligated to pay legitimate claims under your policy — but they also have financial incentives to minimize what they pay. When your insurer denies your UM claim entirely, significantly undervalues your injuries, excessively delays processing or payment, or refuses to negotiate in good faith, you may have a bad faith insurance claim against them.

Oklahoma takes bad faith seriously. An insurer that unreasonably denies or delays a valid claim can be liable for the full value of the claim, consequential damages beyond the policy limits, and punitive damages designed to punish the insurer's conduct. The threshold question is whether the insurer's conduct was reasonable under the circumstances — and courts examine whether the insurer conducted a fair investigation, properly applied the policy terms, and treated the insured fairly throughout the process.

Protecting Yourself Before and After an Accident

The most important step you can take is buying adequate UM/UIM coverage before you ever need it. Given that one in four Oklahoma drivers may be uninsured, driving without UM coverage is an enormous financial gamble. Review your declarations page annually to confirm you have coverage and understand your limits. Consider limits that match or exceed your liability limits, and ask your agent about stacking if you insure multiple vehicles.

After an accident with an uninsured driver, call the police immediately to get an official report documenting both the accident and the other driver's lack of insurance. Document everything at the scene — photographs, witness contact information, and the other driver's identifying information including name, address, and phone number. Notify your insurance company promptly and make your UM claim. Seek medical treatment without delay — don't avoid the emergency room because you're worried about payment. And consult a personal injury attorney early, because UM claims can be more complex than standard insurance claims, and your own insurer isn't always as cooperative as you'd expect them to be.

At Addison Law, we handle UM/UIM claims and disputes with insurance companies across Oklahoma. If you've been hurt by an uninsured driver and need help pursuing recovery, contact us for a free consultation.

Frequently Asked Questions

What is UM/UIM coverage in Oklahoma?

Uninsured motorist (UM) coverage pays for your injuries and damages when the at-fault driver has no liability insurance. Underinsured motorist (UIM) coverage pays the difference when the at-fault driver's coverage is insufficient to cover your full damages. Oklahoma law under 36 O.S. § 3636 requires auto insurers to offer UM/UIM coverage with every policy.

How much UM/UIM coverage should I carry?

At minimum, match your liability limits. If you carry $100,000/$300,000 in liability coverage, carry the same in UM/UIM. Given Oklahoma's high rate of uninsured drivers — estimated at roughly one in four — UM/UIM is one of the most valuable coverages on your policy and worth investing in more generously.

Can I sue my own insurance company for a UM claim?

Yes. If your insurer denies your UM/UIM claim, significantly undervalues your injuries, or unreasonably delays payment, you can file a breach of contract claim and potentially a bad faith claim against them. Oklahoma courts take insurer bad faith seriously and allow punitive damages in egregious cases.

What if I was hit by an uninsured driver and I don't have UM coverage?

Your options are limited. You can sue the at-fault driver directly, but collecting from an uninsured individual who likely lacks assets is often difficult or impossible. MedPay or PIP on your policy may cover some immediate medical expenses, and your health insurance will cover treatment, but your ability to recover full damages will be significantly constrained.

This article is for general information only and is not legal advice.