Attorney at Graves McLain Injury Lawyers

Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries

Getting into a car accident is stressful enough—but it’s even worse when the other driver doesn’t have insurance. Unfortunately, that’s a common risk on Oklahoma roads. According to national research, Oklahoma has the highest percentage of uninsured drivers in the country. This creates serious problems for responsible drivers who follow the law and carry insurance.

If you’re involved in a crash caused by someone without proper coverage, you could be left paying for medical bills, car repairs, or lost wages out of your pocket. This is why uninsured and underinsured motorist (UM/UIM) coverage is so important—and why knowing your rights matters.

Why So Many Oklahoma Drivers Are Uninsured

According to the Insurance Research Council, Oklahoma has the highest percentage of uninsured motorists in the United States, with an estimated 26% of drivers on the road lacking insurance. — Insurance Research Council, 2024

That means roughly one in four drivers in Oklahoma has no insurance at all. This number is much higher than the national average, making Oklahoma one of the riskiest states for traffic accidents involving uninsured or underinsured motorists.

Many other drivers only carry the legal minimum coverage. While it satisfies the law, it often falls short of covering the full cost of medical care or property damage after a serious wreck.

What Is Uninsured and Underinsured Motorist Coverage?

Uninsured motorist (UM) coverage helps pay your bills if you are injured in an accident caused by someone uninsured. Who does not have insurance? Underinsured motorist (UIM) coverage steps in when the other driver’s insurance isn’t enough to cover your losses.

This type of coverage is optional in Oklahoma, but it’s one of the most important protections you can have.

Oklahoma’s minimum auto insurance coverage—25/50/25—often fails to cover the costs of serious injury accidents. Uninsured/underinsured motorist protection fills that gap. — Oklahoma Insurance Department

UM/UIM coverage can pay for:

  • Emergency room and hospital care
  • Follow-up treatment or rehab
  • Lost wages during recovery
  • Pain and suffering
  • Future medical care in severe injury case

Even if the at-fault driver takes off in a hit-and-run, UM coverage often still applies.

What Are Oklahoma’s Minimum Insurance Requirements?

Oklahoma law requires drivers to carry a certain amount of auto liability insurance. But these minimums leave significant gaps in coverage.

Recommended Insurance vs. State Minimum Requirements

Coverage Type

Oklahoma Minimum

Recommended (UM/UIM)

Bodily Injury (Per Person)$25,000$100,000
Bodily Injury (Per Accident)$50,000$300,000
Property Damage$25,000N/A (Included in other coverage)
Uninsured/Underinsured MotoristOptionalStrongly Recommended

While the law allows you to drive with the 25/50/25 minimum, most serious accidents involve much higher costs. Medical care alone can easily go beyond $50,000. If you’re hit by someone with no coverage or minimal limits, your own UM/UIM coverage becomes your safety net.

What Happens If An Uninsured Driver Hits You?

If an uninsured driver causes a crash, they may be financially responsible—but that doesn’t mean you’ll recover anything. Many uninsured drivers can’t afford to pay for their injuries, even if they’re found liable in court.

UM/UIM coverage allows you to file a claim directly with your own insurance company. But even this process can be challenging. Insurance companies may delay, deny, or underpay your claim, especially when large medical bills are involved.

That’s when a legal advocate can help protect your rights and ensure the insurer honors your policy.

Legal Options After an Uninsured or Underinsured Accident

  • Oklahoma follows a comparative fault rule. This means you can still recover compensation even if you’re partially at fault, but your percentage of fault will reduce your payment.

For example, if you’ve found 20% at fault in a crash and your damages are $100,000, you’d receive $80,000. However, if the other driver has no insurance, it becomes more complicated.

If you file a UM/UIM claim:

  • You’ll need to prove the other driver was at fault
  • Your insurer may try to reduce your compensation using the same fault rule
  • You’ll need documentation, including crash reports, medical records, and wage loss records, among others.

A Tulsa uninsured motorist attorney can guide you through this process and help prevent the undervaluation of your claim.

Why Uninsured Motorist Coverage Is Worth the Cost

The cost of the right auto insurance coverage will pale in comparison to a serious injury wreck without the coverage. — Graves McLain Injury Lawyers

Most drivers are surprised to find that adding or increasing UM/UIM coverage is relatively inexpensive. For just a few extra dollars per month, you can protect yourself and your family from the financial stress of someone else’s irresponsibility.

Having coverage is one thing—getting your insurer to pay fairly is another. If you encounter problems with your claim or are unsure about your rights, consult a lawyer who regularly handles these types of cases.

Frequently Asked Questions

What should I do if an uninsured driver hits me in Oklahoma?

File a police report, seek medical attention, and notify your insurance provider. If you have UM/UIM coverage, you may file a claim under your policy. Gather documentation and consider consulting an attorney if your insurer delays or denies your claim.

Is uninsured/underinsured motorist coverage required in Oklahoma?

No, it’s optional. However, Oklahoma insurance companies are required to offer it. Due to the high number of uninsured drivers in the state, this coverage is strongly recommended.

Can I sue an uninsured driver in Oklahoma?

Yes, you can sue, but recovering damages may be challenging if the driver lacks sufficient income or assets to compensate you. Even if you win in court, collecting compensation may not be possible without a source of funds.

How much-uninsured motorist coverage should I carry?

Consider at least $100,000 per person and $300,000 per Accident. This amount helps cover medical bills, lost income, and long-term care if an uninsured or underinsured driver seriously injures you.

Does UM/UIM coverage apply to hit-and-run accidents in Oklahoma?

Yes. In most cases, hit-and-run drivers are treated as uninsured. If you carry UM coverage, it should apply even if the offending driver flees the scene.

How can a lawyer help with my uninsured motorist claim?

A lawyer can interpret your insurance policy, collect evidence to support your claim, handle all insurer communication, and push for a fair settlement when the insurance company resists paying what’s owed.

Contact Our Firm &
Request a Free Case Review

Conclusion

Driving in Oklahoma comes with added risk—especially when so many drivers don’t carry enough insurance. That’s why it’s essential to review your policy and make sure you have strong uninsured and underinsured motorist protection. It could make all the difference after a crash.

If an uninsured driver has already injured you, you may still have legal options. Graves McLain Injury Lawyers helps Oklahoma families recover compensation when insurance coverage falls short. We handle the legal details so you can focus on healing.

When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.

  • I knew my auto accident wouldn’t be worth much and they knew it too but worked as if it was a million dollar case and kept me informed hope I never need an attorney again but if I do it’ll be graves mclain I brag on them to everyone

    Margie C

  • The staff is great and super friendly. They helped me get the money I deserved. I would definitely recommend them to everyone!

    CiCi H

  • My orthopedic doctor recommended Graves McLain Injury Lawyers, PLLC, to me following the need for revision hip surgery due to a hip from Stryker that was putting poison into my system. The doctor took care of the hip, and Graves McLain Injury Lawyers, PLLC, took care of the legal case. They were very thorough, professional, courteous, and always ready to answer the questions I had throughout the length of the case. In a word, the entire office is fantastic. I’m sure they were tired of my inquiries on the case’s progress, but they did not show it. They were always willing to respond and were very positive. If I ever have a claim in the future, they will be the first group to whom I reach out.

    Robert S.

Contact Our Firm &
Request a Free Case Review