You carry auto insurance and you expect the same from other drivers. Guess what, not everyone is following Oklahoma law.
So what happens if an uninsured driver crashes into your car? Are you really on the hook for all of your financial losses? Surprisingly, or maybe not, there’s a chance you can recover at least some compensation. This means following the key steps in an Oklahoma uninsured motorist claim.
If you own a vehicle registered in Oklahoma, you must meet the Sooner State’s minimum insurance requirements. There aren’t any exceptions. All Oklahoma drivers must carry at least liability insurance with the following minimum amounts:
You can always increase the minimum coverage amount, and it’s also encouraged. You can also add coverage to your existing policy. For example, you can add uninsured motorist coverage to help ensure you’re not stuck paying for accident expenses out of your pocket.
This type of auto insurance is an add-on to your existing policy. For example, if you have limited liability insurance (Oklahoma’s minimum requirement), you can add on uninsured motorist coverage. So, what is uninsured motorist coverage and what does it do for you? The policy covers your damages, both property and medical if you’re involved in a car wreck with an uninsured driver. The policy even covers you in a hit-and-run accident.
Like most other types of insurance, there are caps. Yes, you have a few options when it comes to coverage amounts. This is something you’ll want to carefully consider. An example is if your expenses stemming from the vehicle accident total over $60,000 but your coverage is capped at $30,000. Not counting the deductible, you are still looking at around $30,000 in out-of-pocket costs. The best advice is to discuss all of your options with your insurance representative.
Oklahoma is an at-fault insurance state This simply means drivers involved in an accident file a claim with the at-fault party’s insurance. If you’re the at-fault driver, everyone else involved in the vehicle accident files a claim with your insurance.
So, what happens when the driver assigned blame for the accident isn’t carrying insurance? Who do you file a claim with? The short answer is you turn to your insurance carrier. Since you have uninsured motorist coverage, your insurance should cover your expenses up to the policy’s cap. From there, it’s up to your insurance company to decide if it wants to file a claim against the at-fault driver.
Something to note, even if your insurance company files and wins the claim against the uninsured driver, you’re not going to receive a portion of the settlement. You can only file a claim with your insurer. However, you can also take the at-fault driver to civil court. Yes, this means filing a lawsuit and chances are even if you win, the at-fault driver isn’t going to be able to reimburse you for anything not covered by your uninsured motorist policy.
Hopefully, this is your first time filing an uninsured motorist claim. A better situation is if you never need to use this information. However, not all Oklahoma drivers carry insurance.
Filing an uninsured motorist claim is relatively simple. There are a couple of extra steps, but nothing that’s going to leave you scratching your head in confusion.
Regardless of whether it’s a hit-and-run or the uninsured driver remains on the scene, you must report the accident to law enforcement if you plan on filing an insurance claim.
Oklahoma law also requires all accidents with injuries, property damage over $1,000, or if a fatality occurs to be immediately reported to the authorities. This means you must remain at the scene of the accident, even if the other driver decides to leave.
If there aren’t any injuries and property damage is minimal, you and the uninsured driver can legally go your separate ways. However, don’t forget to exchange contact information via a valid driver’s license. You also want to jot down the vehicle description, including registration and license plate numbers.
Your insurance adjuster will request this information when you file an uninsured motorist claim. If you decide to wait to report the vehicle collision, you have ten days from the date of the accident. Your accident report is something you need to submit to your insurance company when you file your claim.
Even a minor fender bender can result in injuries. Always seek medical attention after a car accident, even if you think you’re fine. Some injuries take a while to show signs and symptoms. Besides, it’s always best to be proactive about your health.
Since your uninsured motorist policy covers some or all of your medical expenses, there’s really no reason to not make an appointment with a licensed physician. Save your medical reports and files, you’ll also submit these to the insurance adjuster.
Once you have your accident report, medical expenses, and repair costs calculated, it’s time to contact your insurer and file a claim. Don’t go into too much detail about the accident. Save this for the negotiations. Just give your insurance company the paperwork and a few brief details to get the claim process rolling.
This isn’t a legal requirement but it does help law enforcement track uninsured drivers. The Department of Public Safety (DPS) may also be able to help you recover some of your damages. If nothing else, your report helps support your accident claim and may prevent the uninsured motorist from getting into another accident.
Anytime you’re involved in a car accident with an uninsured motorist, it’s always a good idea to contact a personal injury attorney. Your injury attorney can help you file a claim and handle negotiations with your insurance company. This can improve your chances of receiving a fair settlement, at least up to your insurance caps.
