Uninsured & Underinsured Motorist Claims
When the driver who hit you has no insurance—or not enough—your own UM/UIM coverage becomes critical. We help riders maximize recovery from every available source.
Key Takeaways
- Oklahoma minimum is only $25,000: Many drivers carry bare minimum coverage—nowhere near enough for serious injuries
- Your UM/UIM coverage is critical: This is YOUR policy paying when the other driver can't
- Stacking may apply: Multiple policies on multiple vehicles can combine for higher limits
The Uninsured Driver Problem
Oklahoma has one of the highest uninsured motorist rates in the country. Studies estimate 1 in 4 Oklahoma drivers has no liability insurance at all. Many more carry only the state minimum of $25,000—which won't cover a single surgery, let alone long-term care for serious injuries.
For motorcyclists, this is especially dangerous. Motorcycle injuries are typically more severe than car accident injuries. When a rider suffers a TBI, spinal cord injury, or multiple fractures, medical bills can easily exceed $500,000. If the driver who caused the crash only has $25,000—or nothing—where does the rest come from?
24%
of Oklahoma drivers are uninsured
$25K
state minimum liability limit
$500K+
typical cost of serious motorcycle injuries
Understanding UM/UIM Coverage
Uninsured/Underinsured Motorist coverage is part of YOUR policy that protects YOU when the other driver can't pay:
| Coverage Type | When It Applies | What It Pays |
|---|---|---|
| Uninsured Motorist (UM) | At-fault driver has NO insurance | Your damages up to your UM limit |
| Underinsured Motorist (UIM) | At-fault driver's coverage is inadequate | Gap between their limit and your damages (up to your UIM limit) |
| Hit-and-Run (Phantom Vehicle) | At-fault driver fled and is unidentified | Your damages up to UM limit (with evidence requirements) |
Example: How UIM Works
You suffer $200,000 in damages. The at-fault driver has only $25,000 in coverage. If you have $100,000 in UIM coverage, your insurer pays an additional $75,000 (the gap between the $25,000 you received and your $100,000 UIM limit). Total recovery: $100,000.
Stacking Coverage for Higher Limits
Oklahoma law allows "stacking" of UM/UIM coverage in certain situations, which can dramatically increase available funds:
Multiple Vehicles on Same Policy
If you have UM/UIM coverage on multiple vehicles, you may be able to stack those limits. Example: $100,000 on each of 3 vehicles = $300,000 in stacked coverage.
Multiple Policies (Different Insurers)
If you have UM/UIM on your motorcycle AND your car (different policies), both may apply to the same accident.
Passenger on Another's Motorcycle
If you're a passenger, the motorcycle owner's policy plus your own personal policy may both provide coverage.
Household Members' Policies
Depending on policy language, UM/UIM coverage from other household members' policies may be available to you.
Important: Not all policies allow stacking—some have "anti-stacking" provisions. We carefully analyze every policy to identify all available coverage and challenge improper anti-stacking clauses where applicable.
Filing a UM/UIM Claim
UM/UIM claims are against your own insurer—which creates unique challenges:
Your Insurer Is NOT Your Friend
Even though you pay premiums, your insurer will fight to minimize your claim. They use the same tactics as any defendant's insurer: disputing injuries, arguing comparative fault, and delaying payment.
Arbitration May Be Required
Many UM/UIM policies require disputes to go to binding arbitration rather than court. This has different procedural rules and can affect strategy. We have extensive arbitration experience.
Steps to Filing a UM/UIM Claim:
Establish the at-fault driver is uninsured/underinsured
Get their insurance information or lack thereof documented.
Notify your own insurer promptly
Most policies require notice within a reasonable time. Don't delay.
Don't settle the at-fault driver's policy without insurer consent
Settling their claim first can waive your UIM rights.
Document all damages thoroughly
Same evidence process as any injury claim—medical records, bills, lost wages, pain and suffering.
Negotiate or arbitrate
We handle negotiations with your insurer and, if necessary, arbitration to get full value.
Frequently Asked Questions
Hit by an Uninsured Driver?
Your UM/UIM coverage may be your lifeline. We analyze every available policy and fight to maximize your recovery from all sources.
No Fee Unless We Win
Free Case Evaluation