Uninsured Driver Accidents in Oklahoma

The other driver ran a red light and hit you. You did everything right. But when you file a claim, you find out they don't have insurance. Or they have insurance, but their limits are $25,000—and your medical bills are already at $75,000. Now what?

This happens more often than you'd think. A significant percentage of Oklahoma drivers don't have insurance or carry only minimum coverage. When one of them hurts you, your own insurance may be the only way to get compensated. Under 36 O.S. § 3636, Oklahoma auto insurers must offer UM/UIM coverage to every policyholder, and you cannot reject it without a signed written rejection.

What Is Uninsured/Underinsured Motorist Coverage?

Uninsured motorist (UM) coverage pays when the driver who hurt you has no insurance at all.

Underinsured motorist (UIM) coverage pays when the other driver has insurance, but it's not enough to cover your injuries.

Together, these are often called "UM/UIM coverage." They're part of your own auto insurance policy, and they protect you when someone else doesn't have enough coverage. If the other driver's insurer tries to lowball your claim or offers a settlement that barely covers your medical bills, UM/UIM coverage fills the gap.

Do You Have This Coverage?

Oklahoma requires insurance companies to offer UM/UIM coverage, and you have to specifically reject it in writing to not have it. That means many people have it without realizing it. If your insurer failed to make the required offer, or if you never signed a written rejection, your policy may include UM/UIM coverage by operation of law — even if the policy document itself doesn't show it.

Check your auto insurance policy. Look for "uninsured motorist" and "underinsured motorist" sections. Note the coverage limits—these are the maximum amounts your policy will pay.

If you're not sure what coverage you have, call your insurance company and ask. They can tell you your limits and whether you have UM/UIM coverage.

How UM Coverage Works

If the driver who hit you has no insurance at all, you file a claim with your own insurance company under your UM coverage.

Your insurance company steps into the shoes of the other driver's insurer. You're covered for your injuries, lost wages, and other damages—up to your policy limits.

UM coverage also applies in hit-and-run situations where the other driver can't be identified.

How UIM Coverage Works

If the other driver has insurance but not enough, UIM coverage fills the gap.

Here's an example:

• The other driver has $25,000 in liability coverage
• Your injuries are worth $100,000
• You have $100,000 in UIM coverage

You'd collect $25,000 from their insurance, then file an underinsured motorist claim with your own insurance for the remaining $75,000.

The exact way this works can vary based on your policy language, but the basic idea is that UIM coverage provides additional compensation when the other driver's coverage runs out.

Stacking UM/UIM Coverage

Oklahoma allows "stacking" of UM/UIM coverage in certain situations. If you have multiple vehicles on your policy, or if you have more than one auto policy, you may be able to combine (stack) the coverage limits. For example, if you have two vehicles on your policy, each with $100,000 in UM coverage, you might be able to stack them for $200,000 in total protection. Whether stacking is available depends on your policy language, and insurance companies often include anti-stacking provisions. An attorney can review your policies to determine the maximum coverage available.

What About Property Damage?

UM/UIM coverage is primarily for bodily injuries—your medical bills, lost wages, and pain and suffering.

Damage to your car is typically covered by the collision coverage portion of your policy, regardless of who was at fault.

The Claim Process

When you file a UM/UIM claim, you're dealing with your own insurance company—but that doesn't mean they'll just hand you money. Insurance companies often dispute UM/UIM claims just like they dispute any other claim.

They may argue about:

• Whether the other driver was really at fault
• How serious your injuries are
• Whether your medical treatment was reasonable
• How much your claim is really worth

In some ways, this can feel like a betrayal. You've paid your premiums, and now your own company is fighting you. But this is reality. UM/UIM claims are legal claims, and insurance companies defend them. However, there's an important distinction: because this is your own policy, your insurance company owes you a duty of good faith and fair dealing. If they unreasonably deny, delay, or undervalue your claim, you may have a bad faith insurance claim against them on top of the original UM/UIM claim. Bad faith claims can result in damages beyond the policy limits, including potential punitive damages for particularly egregious insurer conduct.

Tips for Filing a UM/UIM Claim

Report the accident to your insurance promptly. Your policy probably requires you to notify them soon after an accident. Don't delay.

Get all the information you can about the other driver. Even if they don't have insurance, document their name, the vehicle, what happened. This helps prove they were at fault.

Get medical treatment and follow your doctor's instructions. Your injuries and treatment are the basis for your claim.

Keep records of everything. Medical bills, doctor's notes, prescription receipts, proof of lost wages, everything.

Don't sign anything from your insurance company without understanding it. Especially settlement releases. Once you sign, you usually can't get more money later.

Consider talking to a lawyer. UM/UIM cases can be complicated, especially when your own insurance company disputes your claim. Many personal injury lawyers handle these cases on contingency, meaning you don't pay unless you win.

Why UM/UIM Coverage Matters

Oklahoma requires only $25,000 in liability coverage per person. That's not much if you have serious injuries. Hospital stays, surgery, and ongoing treatment can quickly exceed those minimums. A single day in the ICU can cost more than Oklahoma's minimum liability limit, and a serious accident requiring multiple surgeries, rehabilitation, and ongoing care can generate medical bills in the hundreds of thousands of dollars. UM/UIM coverage is the difference between financial devastation and meaningful recovery in these situations.

UM/UIM coverage protects you from other people's bad choices. You can't control whether other drivers buy adequate insurance, but you can protect yourself.

If you don't currently have UM/UIM coverage — or if your limits are low — consider increasing them. The cost is usually small compared to the protection you get. As a general rule, your UM/UIM limits should be at least as high as your liability limits. Many attorneys recommend much higher limits, because the scenarios where you need UM/UIM coverage — serious crashes with uninsured or underinsured drivers — tend to involve the most significant injuries and the highest damages.

Frequently Asked Questions

What's the difference between UM and UIM coverage?

Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their limits are too low to cover your damages.

Is UM/UIM coverage required in Oklahoma?

Oklahoma insurers must offer UM/UIM coverage with every auto policy. However, you can reject it in writing. Many drivers don't realize they declined this coverage until they need it.

Does UM/UIM coverage apply to hit-and-run accidents?

Yes. If you're hit by a driver who flees the scene and can't be identified, your UM coverage can cover your damages, subject to your policy terms and reporting requirements.

Can my insurance company deny my UM/UIM claim?

They can try, but they must have a legitimate basis. If your insurer unreasonably denies or delays your UM/UIM claim, you may have a bad faith claim against them in addition to the contract claim.

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