In Oklahoma, it is mandatory for every driver to have liability insurance to cover the damages that they might cause in an accident. However, some drivers still choose to hit the road without insurance, whether intentionally or due to financial constraints. Despite the state’s laws, accidents happen and an uninsured driver might cause injury or property damage to other individuals involved in the accident. If you were involved in an accident with an uninsured driver in Oklahoma, understanding your options is the key to protecting yourself and your financial position.
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What is an Uninsured Driver in Oklahoma?
When we talk about an uninsured driver, we refer to a driver who doesn’t have an insurance policy that meets Oklahoma state requirements. In Oklahoma, any driver is required to have liability insurance with a minimum coverage of:
- $25,000 for injury or death per person
- $50,000 for injury or death per incident
- $25,000 for damage to property
If a driver doesn’t have insurance or sufficient insurance, they are considered an uninsured driver.
What Happens if an Uninsured Driver Causes an Accident in Oklahoma?
If an uninsured driver causes an accident in Oklahoma that results in injury or property damage, the consequences can be severe. If you are in an accident with an uninsured driver, there are several steps you can take to protect your rights and financial position.
File a Claim with Your Own Insurance Provider
Oklahoma is known as a "fault" insurance state, meaning that the at-fault driver is responsible for covering the damages to the other driver(s), passengers, and any property. However, if the at-fault driver is uninsured or under-insured, your car insurance comes in to help cover the costs. It is advisable to purchase Uninsured Motorist Coverage from your insurance carrier. Uninsured Motorist Coverage provides you with coverage if you are in an accident with an uninsured driver. You may file an uninsured motorist claim with your insurer to help cover the damage and injuries you sustained.
Legal Action Against the Uninsured Driver
Filing a lawsuit against the driver is also possible if there’s enough evidence to support your personal injury claim. Even though the driver doesn’t have insurance, they can still be held liable for damages caused in the accident. If the plaintiff wins the lawsuit, they can be awarded damages which can be used to pay for medical expenses, lost wages, or other costs related to the accident.
However, in most cases, an uninsured driver may not have the assets or the financial ability to pay a judgment against them. This is where the help of an experienced personal injury attorney is essential. They can help you identify all possible sources of compensation, such as the driver’s wages, assets or other available sources of compensation.
Making a Deal with the Uninsured Driver
Another alternative to legal action is to make a deal with the uninsured driver. In some cases, the driver might accept personal payment to cover the damages, especially if the injuries were not severe or caused minor damage to property. This agreement should be documented to ensure that both sides comply with the deal.
What if I Don’t Have Insurance in Oklahoma?
If you’re involved in an accident caused by an uninsured driver and don’t have Uninsured Motorist Coverage, you might have to pay for the damages caused by the accident yourself. It can be challenging to cover costs such as medical bills, repairs, or replacements when you do not have coverage or other sources of compensation.
Conclusion
It can be frustrating and overwhelming to be in an accident caused by an uninsured driver, but there are still options to protect yourself and get the compensation you deserve. Whether you file a claim with your own insurance provider, take legal action against the uninsured driver, or make a deal with them, seeking the help of a personal injury attorney is essential to help you navigate these complex situations. It’s essential to protect yourself, your finances, and your well-being in case of an accident.