Oklahoma Uninsured & Underinsured Motorist Lawyer
What Happens When the Driver Who Hurt You Doesn't Have Enough Insurance?
Being injured in a car accident is difficult enough. Learning that the driver who caused the collision has no insurance—or does not have enough insurance to cover the harm caused—can make the situation even more frustrating.
But inadequate insurance carried by the at-fault driver does not necessarily mean there is no additional source of recovery.
Uninsured and underinsured motorist coverage, commonly called UM/UIM coverage, may provide compensation when an injured insured is legally entitled to recover damages from a driver who has no liability insurance or whose available liability coverage is insufficient in relation to the claim.
Retriever Legal, PLLC represents individuals injured in Oklahoma motor-vehicle accidents and helps clients investigate available insurance coverage, understand their rights under applicable policies, and pursue compensation from responsible parties and insurers when appropriate.
Hit by an uninsured or underinsured driver in Oklahoma? Let us help you determine what coverage may be available.
Call Retriever Legal at 918-641-4131
What Is Uninsured Motorist Coverage in Oklahoma?
Oklahoma's uninsured motorist statute is found at 36 O.S. § 3636.
Subject to the statute and applicable policy terms, uninsured motorist coverage protects insured persons who are legally entitled to recover damages because of bodily injury, sickness, disease, or resulting death caused by owners or operators of uninsured motor vehicles and hit-and-run motor vehicles.
Despite the name, Oklahoma uninsured motorist coverage can also apply in certain situations where the responsible driver actually has liability insurance.
That is where underinsured motorist coverage becomes important.
What Is an Underinsured Motorist?
A driver can have automobile liability insurance and still be considered underinsured for purposes of an injury claim.
Under Oklahoma law, the definition of an uninsured motor vehicle includes certain insured vehicles when the available liability limits are less than the amount of the claim being made.
In practical terms, a serious injury claim may substantially exceed the amount of liability insurance available from the driver who caused the collision.
For example, an accident may cause substantial medical expenses, lost income, permanent impairment, or other significant damages while the responsible driver carries comparatively limited bodily-injury liability coverage.
Depending upon the applicable policy and circumstances, the injured person's own UM/UIM coverage may then become an important potential source of additional recovery.
When Can UM/UIM Coverage Become Important?
UM/UIM coverage may become relevant in circumstances involving:
A driver with no automobile liability insurance
A driver whose liability limits are insufficient in relation to the injury claim
Certain hit-and-run accidents
Certain accidents involving an unidentified driver
Multiple people making claims against limited liability coverage
Serious or catastrophic injuries exceeding available liability insurance
A liability insurer that becomes insolvent under circumstances addressed by Oklahoma law
Other situations covered by the applicable policy and Oklahoma law
Whether coverage actually applies depends upon the insurance policy, the identity and status of the insured, the vehicles involved, the circumstances of the collision, and Oklahoma law.
How Does an Oklahoma UM/UIM Claim Work?
A UM/UIM claim is different from simply making a liability claim against the driver who caused the accident.
The injured person may be making a claim for benefits under an insurance policy that provides UM/UIM coverage.
That creates two important questions:
Is the injured person legally entitled to recover damages from the responsible driver?
Does an applicable insurance policy provide UM/UIM coverage for the loss?
Both questions can become disputed.
An insurer may investigate issues concerning fault, causation, injuries, damages, who qualifies as an insured, the applicable policy, exclusions, coverage limits, and other policy or legal issues.
For that reason, the existence of UM/UIM coverage on an insurance document does not automatically determine how much an insurer must pay on a particular claim.
Do I Have UM/UIM Coverage?
The answer should come from the actual insurance policies and applicable Oklahoma law—not assumptions.
Potentially relevant questions can include:
Was UM coverage purchased or rejected?
Who is a named insured?
Who qualifies as an insured under the policy?
Which vehicle was involved?
What policy was in effect on the date of the accident?
What UM/UIM limits apply?
Are multiple policies potentially relevant?
Was the injured person occupying an insured vehicle?
Was the injured person a pedestrian or otherwise outside a vehicle?
Are there policy exclusions or limitations that may affect coverage?
Was the vehicle owned by or regularly available to the injured person or another household member?
When was the applicable policy issued, renewed, or reinstated?
Insurance-coverage questions can be highly fact-specific.
Retriever Legal reviews the available policies and circumstances to identify potential sources of UM/UIM coverage.
Can UM/UIM Coverage Apply When I Wasn't Driving My Own Car?
Potentially.
Oklahoma uninsured motorist coverage can, in some circumstances, protect an insured person rather than simply following a particular insured vehicle.
But that does not mean UM/UIM coverage applies to every person in every accident.
The policy's definition of an insured, the vehicle involved, household relationships, policy exclusions, statutory requirements, and other circumstances can affect coverage.
Oklahoma law also contains limitations concerning certain accidents involving vehicles owned by, furnished to, or regularly available for the use of the named insured or certain resident family members when the vehicle itself is not insured by a motor-vehicle insurance policy.
For that reason, coverage should be determined from the actual facts and policy rather than assuming that UM/UIM automatically follows a person into every vehicle.
What If I Was Injured in a Hit-and-Run Accident?
Oklahoma's uninsured motorist statute expressly addresses hit-and-run motor vehicles.
A hit-and-run claim can present unique evidentiary and insurance issues because the responsible driver may never be identified.
Important evidence may include:
Police reports
Witness statements
Photographs
Surveillance footage
Traffic-camera footage
Dash-camera video
Vehicle damage
Physical evidence from the collision
Medical records
Other evidence showing how the accident occurred
If you are physically able to do so, promptly reporting the collision and preserving available evidence can become particularly important when the responsible driver cannot be located.
What If the Other Driver Has Insurance, but It Isn't Enough?
This is the situation commonly described as an underinsured motorist claim.
Suppose a negligent driver has liability insurance, but the injuries and damages caused by the accident substantially exceed the liability coverage available.
The existence of that liability insurance does not necessarily end the coverage analysis.
Oklahoma's UM statute recognizes circumstances in which an insured vehicle can qualify as an uninsured motor vehicle when its liability limits are less than the amount of the claim.
An injured person with applicable UM/UIM coverage may therefore have an additional potential source of recovery.
Learn More About Oklahoma Car Accident Claims →
Can I Stack Multiple UM/UIM Policies or Coverage Limits?
This is an area where older Oklahoma information found online can be misleading.
Historically, Oklahoma law allowed UM coverage to be stacked in a number of circumstances when multiple premiums or vehicles were involved.
The Oklahoma Legislature changed the statute.
For policies issued, renewed, or reinstated after November 1, 2014, Oklahoma law provides that UM limits are not subject to stacking or aggregation unless the insurance carrier expressly provides for it.
Whether multiple coverage limits can be combined therefore depends upon the applicable policy, its effective history, its language, and Oklahoma law.
Simply paying separate UM premiums or having multiple vehicles or policies does not automatically establish a right to stack current Oklahoma UM coverage.
Do I Have to Exhaust the At-Fault Driver's Insurance Before Pursuing a UM/UIM Claim?
Not necessarily.
Oklahoma courts have characterized uninsured motorist coverage as primary rather than ordinary excess insurance. When an insured has a covered UM/UIM claim and the value of the claim exceeds the responsible driver's available liability limits, the UM insurer generally may not simply delay payment solely until those liability limits have first been exhausted.
The interaction between liability insurance, UM/UIM coverage, settlements, subrogation rights, policy provisions, and the insurer's payment obligations can be legally significant.
For that reason, someone with a potentially substantial UM/UIM claim should be careful about settling with the responsible driver, signing a release, or otherwise resolving the underlying liability claim without first considering how doing so may affect available UM/UIM coverage and the insurer's rights.
Should I Accept the At-Fault Driver's Policy Limits?
A policy-limits offer can be significant, but it should not automatically be accepted without evaluating the entire insurance picture.
Before resolving the liability claim, important questions can include:
What are the client's total damages?
What liability coverage is available?
Does applicable UM/UIM coverage exist?
Are there multiple responsible parties?
Are other insurance policies potentially relevant?
Are medical liens or reimbursement claims involved?
What claims and parties will the proposed release extinguish?
Could resolving one claim affect another insurance claim or legal right?
A settlement release can have significant consequences.
The entire coverage picture should be understood before an injured person gives up potentially valuable rights.
What Compensation Can UM/UIM Coverage Provide?
UM/UIM coverage concerns damages an insured is legally entitled to recover because of bodily injury caused by the uninsured or underinsured motorist, subject to applicable law and policy limits.
Depending upon the circumstances, an injury claim may involve damages associated with:
Medical expenses
Future medical treatment
Lost wages
Loss or impairment of earning capacity
Physical pain and suffering
Permanent impairment or disability
Other legally recoverable bodily-injury damages
The value of a UM/UIM claim depends upon the underlying injuries and damages, liability, available coverage, policy terms, and other circumstances.
The UM/UIM policy limit is not automatically the value of the claim.
What If My Own Insurance Company Disputes My UM/UIM Claim?
A UM/UIM claim can create an unusual relationship between an insured and the insured's own insurance company.
Although the claim may arise under the client's own insurance policy, the insurer may still investigate and dispute issues affecting its contractual obligations.
Potential disputes can involve:
Whether UM/UIM coverage exists
Who qualifies as an insured
Liability for the collision
Comparative negligence
Whether the accident caused the claimed injuries
The nature and extent of the injuries
The amount of damages
Policy limits
Exclusions or limitations
Other insurance
The interpretation or application of policy provisions
A disagreement with your own insurance company does not necessarily mean the insurer has acted improperly. Insurance carriers are entitled to investigate claims and raise legitimate coverage and valuation issues.
But an insured is also entitled to have the claim evaluated according to the insurance contract and applicable Oklahoma law.
How Retriever Legal Handles Oklahoma UM/UIM Claims
UM/UIM cases can require both personal-injury analysis and insurance-coverage analysis.
Depending upon the circumstances, Retriever Legal may:
Investigate the Accident
We evaluate the evidence concerning how the collision occurred and whether another driver is legally responsible.
Identify Available Liability Insurance
We investigate the coverage available from the responsible driver and other potentially liable parties.
Review Potential UM/UIM Coverage
We examine relevant insurance information and policies to identify potential uninsured or underinsured motorist coverage.
Determine Who May Qualify as an Insured
Coverage may depend upon the language of the policy, household relationships, vehicle use, and other circumstances.
Document Injuries and Damages
We gather and evaluate medical records, bills, wage information, photographs, and other evidence relevant to the client's damages.
Handle Insurance Communications
We communicate with insurers concerning the client's injury and coverage claims.
Evaluate Settlement Issues
When multiple insurance policies or sources of recovery are involved, we evaluate how a proposed resolution may affect the client's remaining claims.
Litigate When Necessary
Coverage, liability, causation, and damages can become disputed.
When a claim cannot be appropriately resolved through negotiation, Retriever Legal is prepared to pursue contested personal-injury and insurance issues through litigation when appropriate.
Talk With an Oklahoma Uninsured & Underinsured Motorist Lawyer
Finding out that the person who caused your accident has no insurance—or not enough insurance—does not necessarily mean you have reached the end of the road.
There may be additional insurance coverage available.
Retriever Legal can investigate the accident, review potential sources of insurance, evaluate UM/UIM coverage, and help you understand your options.
Call Retriever Legal at 918-641-4131
Learn More About Oklahoma Car Accident Claims →
Learn More About Retriever Legal's Personal Injury Practice →
Frequently Asked Questions About Oklahoma UM/UIM Claims
What does UM/UIM mean?
UM generally means uninsured motorist coverage. UIM refers to underinsured motorist coverage.
In Oklahoma, the statutory definition of an uninsured motor vehicle also encompasses certain situations in which the responsible vehicle has liability insurance but its limits are less than the amount of the claim.
Is UM/UIM insurance required in Oklahoma?
Oklahoma law generally requires qualifying automobile liability policies covering vehicles registered or principally garaged in Oklahoma to include uninsured motorist coverage unless the coverage is properly rejected in writing in accordance with Oklahoma law.
Whether coverage exists in an individual case should be determined from the actual policy, rejection documents when relevant, and applicable law.
What if the driver who hit me only has minimum insurance?
Having liability insurance does not necessarily mean the driver has enough insurance to compensate an injured person fully.
If the value of the injury claim exceeds the responsible driver's available liability coverage, applicable UM/UIM coverage may become important.
Does UM/UIM cover hit-and-run accidents?
Oklahoma's uninsured motorist statute includes protection concerning hit-and-run motor vehicles, subject to applicable law and policy requirements.
Can I use my UM/UIM coverage if I was a passenger?
Potentially. Whether coverage applies depends upon the applicable policy, the vehicle involved, who qualifies as an insured, and the circumstances of the accident.
Can I use UM/UIM coverage if I was a pedestrian?
Potentially. Oklahoma UM coverage can in some circumstances protect an insured who is injured outside an insured vehicle. Coverage depends upon the applicable policy and circumstances.
Can I stack multiple UM/UIM policies in Oklahoma?
Not automatically.
For policies issued, renewed, or reinstated after November 1, 2014, Oklahoma law generally prohibits stacking or aggregation of UM limits unless the insurance carrier expressly provides for it.
Is my insurance company automatically required to pay my UM/UIM policy limit?
No.
A policy limit establishes the maximum amount of coverage potentially available under that coverage, not the automatic value of every claim. Liability, injuries, damages, coverage, policy provisions, and other issues still must be evaluated.
Should I accept the other driver's policy limits before making a UM/UIM claim?
That decision should be made only after considering the entire insurance and legal picture.
A settlement or release of the responsible driver can have consequences for other claims or insurance rights depending upon the circumstances.
How much does Retriever Legal charge for a UM/UIM case?
Personal injury matters may be handled on a contingency-fee basis, meaning the attorney fee is based upon a percentage of the recovery obtained rather than a traditional hourly attorney fee. The specific fee arrangement, responsibility for case expenses, and all other terms of representation are explained in the written fee agreement before representation begins.