Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
Getting into a car accident is stressful. But when the other driver doesn’t have insurance, the situation can become even more frustrating and confusing. Suddenly, you’re dealing with questions about how your medical bills will get paid, who’s responsible for the damage to your car, and whether your insurance will cover any of it.
Unfortunately, this isn’t a rare problem in Oklahoma. Even though state law requires all drivers to carry liability insurance, a significant number don’t. Others may only take the minimum required coverage, which often isn’t enough to cover serious injuries. If a driver in Tulsa struck you without insurance or with inadequate coverage, knowing what steps to take—and how to use your insurance—can help you protect your health, finances, and legal rights.
Oklahoma follows a fault-based insurance system. That means the driver who causes the accident is legally responsible for paying damages. Usually, this happens through their liability insurance. But if the driver doesn’t have insurance—or doesn’t have enough to cover your losses—you might have to turn to your policy for help.
Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage can protect you in these cases. Although insurance companies in Oklahoma are obligated to provide this coverage, you have the option to decline it in writing. If you didn’t sign a waiver, you likely have it.
Oklahoma law requires insurance companies to offer uninsured motorist coverage. Unless you rejected it in writing, it may still apply to your case. (Oklahoma Statute Title 36 §3636)
UM coverage typically helps with medical expenses, lost wages, and pain and suffering—not vehicle damage. You’d need collision coverage to repair or replace your car.
Oklahoma follows a modified comparative negligence system. You may still recover damages as long as you’re less than 51% at fault. (23 O.S. §13)
After any car accident, safety comes first. Check for injuries and call 911. Even if the crash seems minor, getting a police report is essential. It helps document what happened and may prove the other driver was at fault.
Make sure to:
If the other driver doesn’t have insurance, the police may issue a citation for violating Oklahoma’s compulsory insurance law.
Roughly 1 in 10 drivers in Oklahoma are uninsured, according to the Insurance Research Council.
Once you’re safe, report the accident to your insurance company. Most insurers require you to notify them within 30 days, so don’t delay. Ask your agent if your policy includes uninsured motorist coverage. Many people don’t realize they have it, and if it does, it may help cover your injuries and those of any passengers.
Be honest and thorough when explaining what happened. Avoid guessing or assigning blame. Stick to the facts.
Uninsured Motorist (UM) coverage applies when the at-fault driver has no insurance. Underinsured Motorist (UIM) applies when the other driver has some insurance but not enough to cover your medical bills.
Here’s how the different types of insurance compare:
Type of Coverage | What It Covers | When It Applies |
Liability Insurance | Injuries & property damage to others | When you’re at fault in an accident |
Uninsured Motorist (UM) | Your injuries and those of passengers | Other driver is uninsured or flees the scene |
Underinsured Motorist | Medical bills beyond at-fault driver’s limits | At-fault driver has insufficient coverage |
Collision Coverage | Your own vehicle damage | Regardless of who is at fault |
UM and UIM coverage are essential tools that can protect you financially, especially in serious crashes.
Hit-and-run crashes are scary—and confusing. If another car hits you and drives away, your uninsured motorist coverage might still apply, as long as there’s proof of contact or a reliable witness who saw what happened.
If you’re partially at fault, you can still recover damages in Oklahoma—as long as you’re not more than 50% responsible. The amount you can collect is reduced based on your percentage of fault.
Filing a claim through your insurance might sound easy, but it often isn’t. Insurers can deny or delay claims, especially if they think they can avoid paying. A lawyer can help protect your rights and deal with these roadblocks.
An experienced attorney can:
At Graves McLain Injury Lawyers, our team works with uninsured motorist accident victims across Tulsa. We know how the system works and how to hold insurance companies accountable.
If the at-fault driver has no insurance, you may be able to file a claim under your uninsured motorist (UM) policy if you have one. This covers medical expenses and lost wages.
Yes, in many cases. But you’ll usually need witness statements or proof of vehicle contact for the claim to be valid.
No, UM typically only covers bodily injuries. For vehicle repairs, you’d need to file a claim under your collision coverage.
You can contact your insurance provider. In Oklahoma, UM must be offered, and unless you reject it in writing, it may be part of your policy.
Yes, but many uninsured drivers don’t have assets, so a lawsuit might not lead to actual compensation. Your attorney can help you decide if it’s worth pursuing.
While policies may vary, most insurance companies require notice within 30 days of the accident. Legal action typically must be taken within 2 years of the incident.
Getting hit by an uninsured motorist in Tulsa can leave you with big questions and even bigger bills. But if you act fast and know your coverage, you can still recover. Make sure you file a police report, get medical care, and notify your insurer as soon as you can.
If you’re unsure how to handle your claim or feel like your insurance company isn’t playing fair, it may be time to talk to a lawyer. Graves McLain Injury Lawyers helps accident victims across Tulsa understands their rights and recover the compensation they deserve—especially after uninsured motorist crashes.
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.
