Imagine this: you’ve just picked up your morning coffee and you’re rushing to work, already running late for an important meeting. As you sit at a red light, you’re suddenly rear-ended by an inattentive driver. It’s frustrating–but it gets worse. You soon discover the other driver doesn’t have car insurance.
No matter how cautious a driver you are, accidents happen, and when the other driver is uninsured, the situation becomes even more stressful. Unfortunately, Oklahoma has a serious issue with uninsured motorists on the road. That’s why it’s crucial to understand your rights and how to properly protect yourself.
Oklahoma’s Problem With Uninsured Motorists
In Oklahoma, you are required to carry liability insurance as a motorist. Despite this, 13.4% of Oklahomans drive without insurance, based on a report from the Insurance Research Council. The state ranks 18th in the nation for the highest percentage of uninsured motorists, according to Oklahoma’s Uninsured Vehicle Enforcement Diversion Program (UVED). Compounding this issue, many Oklahoma drivers are “underinsured,” which means they don’t have enough coverage to cover the costs of an accident. Let’s explain the difference.
Uninsured Vs. Underinsured
“Uninsured” means the driver doesn’t have any insurance, which is illegal. “Underinsured” means that the driver does have insurance and is driving legally, but doesn’t have enough coverage to pay the full value of a claim. This happens way more often than you think - Oklahoma’s minimum coverage is a paltry “25/50/25”. This means a driver must have coverage for $25,000 in bodily injury for any one person, $50,000 for all persons injured, and $25,000 in property damage, per accident.
In most situations, the minimum coverage is woefully inadequate. Given the high cost of medical care in the State, virtually any accident with an injury will exceed this limit. When it does, the underinsured driver is personally responsible for the excess above the policy limits. This comes with a gotcha however - it can be very difficult to collect a judgment from someone above the policy limits if they don’t have the money.
So, What Can I Do To Protect Myself Before An Accident?
There are additional insurance packages available to protect you from drivers that hold insufficient or no insurance. These policies are known as Uninsured Motorist (UM) Coverage and Underinsured Motorist (UIM) Coverage. While they are not required by law, we always recommend that you have them.
Uninsured Motorist Coverage protects you if you are in an accident with a motorist who does not have any insurance. This plan covers the costs of medical expenses and lost wages arising from the accident.
Underinsured Motorist Coverage protects you when you are in an accident with a motorist who has insurance, but not enough to cover the damages from the wreck. Underinsured Motorist Coverage policies will cover the difference between the other motorist’s insurance coverage and the actual damage you sustained during the accident.
Having these coverages means that you don’t need to worry if you happen to be in an accident with an uninsured or underinsured motorist - if that’s the case, your insurer will step in and cover it.
What You Can Do After An Accident
When the other driver is uninsured, it’s especially important to take the right steps. Here’s what to do immediately after the crash:
- Check for injuries and call 911 if necessary.
- Call the police to file a report, even if the damage seems minor.
- Exchange contact and vehicle information with the other driver if possible.
- Document the scene–take photos of the vehicles, damages, visible injuries, and road conditions.
- Contact your insurance company as quickly as possible to report the incident.
- Consider contacting a lawyer to help you best understand your rights and options.
How is the Claims Process Different With an Uninsured Driver?
Normally, after an accident with an insured motorist, you would contact the other driver’s insurance provider to begin the claims process. However, in this scenario, you are the only one with coverage (or there might be no coverage at all), which changes the process significantly.
This situation can feel overwhelming, but you do have options:
- If you have paid for the additional UM or UIM coverage, you file a claim with your own insurer. Your insurer will cover losses up to your single claim limit, and may then pursue (e.g. sue) the driver for reimbursement on their own.
- If you don’t have UM or UIM coverage, you would need to sue the other driver yourself in court for damages, get a judgement, and then try and collect that judgement.
- You may do this yourself in Small Claims Court if the amount is less than $10,000 (the Small Claims limit in Oklahoma).
- For larger claims, you’ll have to hire a lawyer and file suit in District Court.
In either case, it’s time consuming, expensive, and may not even be collectible if the driver has no assets. That’s why it’s so important to carry UM and UIM coverage on your insurance.
Can the Uninsured Driver File a Claim Against You?
Oklahoma is an at-fault state, which means the person who caused the accident is on the hook. The insurance company of the at-fault driver is typically the one who initiates the claims process.
If you were the driver at fault, the uninsured driver can still file a claim (or a lawsuit) against you, even though they broke the law by not carrying insurance to begin with. However, if the uninsured driver was the one who caused the accident, they cannot file a valid claim against you.
The Bottom Line
Getting into an accident is always stressful, especially when the other driver doesn’t have insurance. You can’t control when accidents happen, but you can control if you’re protected. Having the right coverage makes all of the difference. Uninsured and Underinsured Motorist Coverage isn’t just helpful–it’s essential.
By understanding your options ahead of time and ensuring you’re fully covered, you can avoid serious personal, legal, and financial stress.