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Tulsa Uninsured Motorist Lawyer
The aftermath of a car accident can be painful, scary, and frustrating – especially if you discover the other driver doesn’t have auto insurance. You wonder how you’ll afford your accident-related expenses without the safety net provided by legally mandated insurance coverage.
It’s crucial to understand you have options. At Edwards & Patterson Law, we can explore viable paths to getting you the money you need, whether that’s from your own insurance policies, a lawsuit against the other driver, or coverage from other liable parties. Learn more by calling a Tulsa uninsured motorist lawyer today for a free consultation.
What Are Oklahoma’s Minimum Car Insurance Requirements?
A driver at fault for causing a car accident is legally responsible for the consequences. To that end, Oklahoma requires that all motorists file proof of financial responsibility or carry insurance. Since collisions can result in damage far beyond the average person’s ability to pay for them, most Oklahomans opt for liability insurance, which steps in to pay for any damage up to the limits of their policy.
For those who opt for liability insurance, the minimum policy limits required are:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
What Are the Penalties for Driving Without Insurance in Tulsa?
If you’re caught without the appropriate insurance coverage, you might face penalties such as:
- Administrative fees
- Fines
- Jail time
- Seizure of your vehicle’s license plate
- Suspended driver’s license
- Points on your driving record
- Impoundment of your car
What Percentage of Drivers in Oklahoma Are Uninsured?
According to the Insurance Information Institute (III), 13.4 percent of Oklahoman drivers are uninsured, well above the national average of 12.6 percent. In other words, if you’re in a two-vehicle accident in the Sooner State, there’s a nearly one in seven chance the other driver won’t have insurance.
What Happens If an Uninsured Motorist Hits Me in Tulsa?
You could have several options for seeking compensation if an uninsured driver hits you. One is to turn to your own insurer if you carry certain types of optional coverage. Another is to file a lawsuit against the other driver directly.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage pays various accident-related expenses incurred by the policyholder, passengers, and household relatives who are injured in a collision someone else causes. Resident family members and policyholders are also covered if they get hurt in an accident as a pedestrian or while riding in another vehicle.
UM insurance covers the injured person’s lost wages, out-of-pocket costs, and medical expenses. It can also compensate the victim for their pain and suffering. UM does not pay for damage to the policyholder’s vehicle. For this coverage, the driver would need to have purchased collision coverage.
What Does It Mean to “Stack” Insurance Coverage?
Because UM policies cover not just the policyholder but their resident family members as well, households can combine – or “stack” – multiple policies across several vehicles to increase the UM coverage available to them in an accident.
For example, you could purchase a $25,000 UM policy for your car and the same limit on your spouse’s vehicle. That means if an uninsured driver is at fault for your injuries in an accident, you’ll have $50,000 in available UM insurance. Contact our Tulsa car accident attorney today.
What Should I Do If I Am in an Accident with an Uninsured Motorist in Tulsa?
You might have already called the police at the accident scene. If you didn’t, notify law enforcement of what happened to get it on record. Although a police report isn’t evidence you can use to prove fault, it does document the collision.
You should also seek medical treatment if you have not done so already. It doesn’t matter if you think your injury is minor. Getting treatment creates a document chain that shows that you were injured in the crash and required medical care to heal. Follow your doctor’s orders if they recommend additional treatment, and continue attending your appointments until your medical providers release you.
An experienced attorney can serve as a valuable ally as you seek compensation. Pursuing action against an uninsured driver isn’t as simple as it should be. It can be a complicated process, especially if your insurer disputes your claim or you have to file a lawsuit. Your lawyer can handle this on your behalf.
What If My Car Is Totaled and the Other Driver Had No Insurance?
State law requires auto insurers to cover the actual cash value (ACV) of a vehicle damaged in an accident. That means the company owes the ACV at the time of the total loss.
The value of a totaled car can be determined in the following ways:
- The cost of a comparable motor vehicle in the local market area when a comparable vehicle is available in the local market area;
- Quotes obtained by an insurer from two or more qualified car dealers in the local market area when a comparative vehicle isn’t available in the local market area; or
- The cost of a comparable motor vehicle is quoted in the latest edition of the National Automobile Dealers Association Official Used Car Guide or another edition of a nationally recognized guidebook.
Does Uninsured Motorist Cover a Hit-and-Run Accident?
Yes, UM insurance also covers hit-and-runs. Your UM insurer should pay for medical treatment and other costs if the at-fault motorist cannot be located.
Can Uninsured Motorist Coverage Be Used in an Uber or Lyft Rideshare Accident?
All Uber and Lyft drivers must maintain their own liability insurance, which the rideshare companies augment while drivers have the app open. The company’s policy provides UM insurance and up to $1 million in third-party bodily injury liability if their driver causes an accident while they are en route to pick up a fare or are actively transporting one. This policy should cover you whether you’re a passenger of the rideshare vehicle or the rideshare vehicle hits you.
Uber and Lyft do not provide additional insurance for drivers who are offline or have their apps turned off. In these cases, the driver’s own auto insurance applies. You can file a UM claim with your insurer if they lack liability coverage in violation of the rideshare company’s policy.
Can a Pedestrian Hit by an Uninsured Motorist Use Their Uninsured Motorist Policy to Pay for Their Injuries?
Yes. If you or a resident family member carries UM coverage as part of an auto insurance policy, it will cover you if an uninsured motorist hits you while you’re on foot.
Contact a Tulsa Uninsured Motorist Accident Lawyer
At Edwards & Patterson Law, we know how important it is to have support after a traumatic accident. Our team will fiercely protect your rights and pursue a favorable outcome so you can move forward with your life. Call or contact us online for a free consultation with a Tulsa uninsured motorist lawyer, and let us get to work on your behalf. Contact our Tulsa personal injury attorney today.
We care. We fight. We win!
