Uninsured Drivers in Oklahoma: Who Pays for Your Injuries?
Car accidents are common in Oklahoma, and stressful enough without worrying about who’s going to pay the bills. Personal injuries, property damage, and emotional trauma are just a few that come to mind when many envision an Oklahoma car accident, and these often come with hefty costs and lengthy journeys to recovery.
To make matters worse, many drivers disregard Oklahoma law and drive uninsured. Being involved in a car accident with an uninsured motorist in Oklahoma can cause accident victims to wonder who will pick up the tab for their damages. While every situation is different, an Oklahoma car accident attorney can help you cut through the uncertainty and find the answers you deserve.
At Aizenman Law Group, we’ve helped thousands of accident victims achieve maximum compensation following motor vehicle accidents. Our skilled car accident lawyers and personal injury lawyers understand how to navigate the legal process and know what to do if you’ve been involved in an accident with an uninsured driver.
Oklahoma Insurance Coverage Laws: What you Need to Know
Like many states, Oklahoma requires drivers to carry minimum liability coverage. This is a motorist’s legally mandated car insurance to operate a motor vehicle.
This coverage shields other drivers if the policyholder is at fault in a car, truck, or motorcycle accident. This coverage covers a portion of injury and damage costs to parties that are not liable for the accident. According to Okla. Stat. tit. 47, § 7-324, the minimum liability insurance requirements are:
- Up to $25,000 in bodily injury for any one person per accident
- Up to $50,000 for all persons injured per accident
- Up to $25,000 per accident for property damage
While these amounts are the minimum requirement imposed by Oklahoma law, they often fall short in serious accidents. If you are at fault for an accident that results in damages greater than the mandated minimum coverage, you may be left to pay the remainder out of pocket. It is advisable to have more coverage than legally required.
How to Recover Compensation After an Uninsured Driver Accident in Oklahoma
While Oklahoma law requires all motorists to carry minimum coverage, many drivers do not follow the law. While uninsured motorists face legal consequences under Okla. Stat. tit. 47, § 7-606, that does little to help victims who uninsured drivers have hit. The good news is that there are a few paths you can take to get the compensation you deserve.
1. Uninsured Motorist Coverage
Uninsured motorist (UM) coverage is optional in Oklahoma, but it can be a lifesaver in situations like these. This optional insurance type protects drivers and their passengers if they are involved in an accident with a driver who is uninsured or has insufficient coverage to cover the damages caused by the accident. It also covers hit-and-run accidents where the at-fault driver cannot be located.
Policy limits differ among insurers, so it’s crucial to review your policy or consult your provider to fully understand your uninsured motorist coverage in Oklahoma. Importantly, UM insurance typically only covers medical bills and other personal injury-related costs. Property damage is usually not covered under this type of policy, so you’ll need to check your policy for details
2. Filing a Lawsuit Against the Uninsured Driver
Another option following a car accident with an uninsured driver is to take legal action against them. If successful, you’ll obtain a legal judgment against uninsured motorists, meaning they will be required to pay for the damages caused by the accident. You’ll have to prove that the uninsured motorist was negligent by establishing that:
- They owed you a duty of care
- They breached that duty
- Their breach caused your injury
- You suffered damages as a result
Additionally, Oklahoma follows a Modified Comparative Negligence Law, meaning your compensation may be reduced if you are partially at fault for the accident. If you are found to be 50% or more at fault, you may not recover any damages.
Even if you win your case, collecting the judgment can be challenging, especially if the driver has limited assets. That’s why it’s important to consult with an experienced Tulsa car accident lawyer as soon as possible following your accident. An attorney will evaluate your chances for success, build your case, and represent you in trial if a settlement is not reached. Having an attorney by your side significantly increases your chances of successful legal action.
How Aizenman Law Group Can Help
Securing compensation following any auto accident can be a stressful process. The stress and uncertainty of recovery are only compounded when the other driver involved in the accident is uninsured. Luckily, our dedicated attorneys have years of experience with auto accidents and wrongful claim denials. With us by your side, we’ll handle the heavy lifting while you focus on recovery.
We Handle Insurance Companies
If your own insurance company tries to deny or undervalue your claim, we’ll fight back. Our team includes former insurance defense attorneys who know exactly how these companies work. We’ll use that knowledge to ensure you get the compensation you’re entitled to.
We Build Strong Cases
Once you retain our services, we’ll take the proper steps to preserve evidence of your accident and build your case. We will evaluate police reports, medical records, gather witness statements, and the accident scene to determine how your accident happened. We will use the results of our investigation to strengthen our negotiation position or begin the legal process.
If the insurance company’s offer falls short of covering your actual losses, our legal team will act by filing a lawsuit on your behalf. We will handle every step of the litigation process, from drafting and submitting the required legal documents to representing you in court. Should your case go to trial, our skilled attorneys are fully prepared to advocate for you before a judge and jury.
We Pursue Judgments Aggressively
Winning the legal case is only half the battle. If the uninsured driver refuses to pay following a judgment, we’ll take the appropriate steps to recover what you’re owed. We will investigate the debtor’s assets, like bank accounts and real estate, to determine a pathway to payment. Then, we’ll use tools like wage garnishment, property liens, or other measures.
Take Action Today-Don’t Wait to Get Help
Dealing with an uninsured driver following an accident can feel overwhelming but you don’t have to do it alone. Our skilled lawyers at Aizenman Law Group, have helped countless accident victims recover compensation, even in the most challenging of circumstances.
With Aizenman Law Group by your side, you can rest assured your case is in the right hands while you focus on recovery following your accident. And remember, you don’t pay unless we win.
Contact Aizenman law Group today for a free consultation at 918-215-8856 to talk with an experienced Oklahoma car accident attorney to discuss your legal options.
