Getting into a car accident is stressful under any circumstances, but it can be even more difficult when the at-fault driver does not have insurance. Oklahoma law requires all drivers to carry liability insurance, but many people still drive uninsured nonetheless.
If you are struck by someone who doesn’t have coverage, you may wonder if you can still pursue a claim for your losses. The answer is yes, but the process works differently than it does when the at-fault driver is insured.
Learn more about how these claims work here, and contact a car accident attorney for a free consultation if you’re ready to get started with your case or have any questions.
Oklahoma’s Insurance Requirements
Oklahoma follows a “fault-based” auto insurance system. This means that the person who causes an accident is responsible for paying the resulting damages. By law, drivers must carry minimum liability insurance to cover injuries and property damage they cause. The required limits are:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Unfortunately, not everyone follows this law. Around 12% of drivers in the state are uninsured, creating serious challenges for accident victims seeking compensation.
What Happens if the Driver Who Hit Me Is Uninsured?
When the other driver has no insurance, you generally cannot pursue a traditional liability claim through their insurer. Instead, you may need to:
- File a claim under your own uninsured motorist (UM) coverage, if you have it
- File a personal injury lawsuit directly against the uninsured driver
Uninsured motorist coverage is not mandatory in Oklahoma, but insurers must offer it when you buy a policy. If you opted in, this coverage can pay for your medical bills, lost wages, and pain and suffering after being struck by an uninsured driver.
If you do not have UM coverage, your only option may be to sue the uninsured driver personally. While this can result in a judgment, many uninsured drivers lack sufficient assets to pay what they owe. This is one reason UM coverage is so important. Because uninsured driver cases can be complex and financially risky, having an experienced car accident lawyer on your side is critical. An attorney can help you evaluate your coverage, pursue all possible sources of compensation and protect your rights throughout the process.
Filing a Lawsuit Against an Uninsured Driver
Although collecting compensation from an uninsured driver can be difficult, filing a lawsuit may still be worthwhile. A court judgment can create a legal obligation for the driver to pay damages. This can sometimes be enforced through wage garnishment or liens on property.
Additionally, bringing a lawsuit may give you leverage in settlement discussions. An experienced injury lawyer can evaluate whether this option makes sense in your case.
Contact Gorospe Law Group for a Free Consultation Today
If you were involved in a car accident with an uninsured driver in Oklahoma, don’t lose hope about your legal options. In some cases, you may be able to file a claim against your own insurance policy and/or file a lawsuit directly against the at-fault driver.
Gorospe Law Group can help you make the most of your claim and work to put as much money into your pocket as possible. Contact our auto accident attorneys today to schedule a free initial consultation. We work on a contingency fee basis, which means we only get paid if we successfully handle your case.