Being involved in a car accident with a driver who is uninsured may create added stress to an already terrible situation. You may be worried that you will be stuck paying for any medical bills or damages on your own. If the at-fault driver is uninsured, you may be able to seek compensation through your insurance company.
Unfortunately, even if your insurance policy is up-to-date, the insurance company may not offer you full compensation without a battle. You will need to know what your coverage is on your policy because your insurer will not willingly make payments for coverages you are aware of.
A dedicated Tulsa uninsured motorist accident lawyer at BDIW Law can help you understand your insurance policy and navigate the uninsured motorist coverage to help you recover the compensation you need for your damages. Call for a free consultation with our motor vehicle accident attorney today.
How Uninsured Motorist Coverage Works in Tulsa
Every state except New Hampshire has a requirement to carry auto insurance; however, roughly one out of eight drivers in the United States do not carry an automobile insurance policy.
Oklahoma requires your liability insurance to have minimum coverages per accident outlined as follows:
- $25,000 per person for injury or death
- $50,000 total for injuries or death if there were multiple people hurt in the accident
- $25,000 to cover property damage
Insurance carriers in Oklahoma must offer their clients uninsured motorist coverage that is equal to the minimum liability coverage the client has bought for their main auto insurance policy. If the policy owner chooses to waive this optional coverage, they will be required to sign a waiver opting out of uninsured motorist coverage, or they may choose to purchase uninsured motorist coverage at a lower liability coverage.
When Uninsured Motorist Coverage Pays
Most insurance policies have uninsured motorist coverage, and many drivers are not aware that they have it even when the time comes that they need it for an accident. An uninsured motorist policy covers the driver when:
- The at-fault driver has no automobile insurance coverage.
- The at-fault driver of the accident is unable to be identified, like in the case of a hit-and-run. Uninsured motorist coverage can be used in hit-and-run situations if the vehicle owner is known but the at-fault driver using the vehicle at the time of the crash remains unknown.
- The at-fault driver’s liability coverage does not provide the full amount to cover all the losses of the policyholder.
At BDIW Law, we are ready to help you recover physically and financially after a car accident. Contact a Tulsa uninsured motorist accident attorney at our firm to get started on your claim today.
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Understanding How to Pursue an Uninsured Motorist Claim in Oklahoma
Like most insurance companies, you will likely run into problems when filing a claim with your insurance company. If you have been hit by an uninsured driver, you can file a claim through your uninsured motorist coverage. The following outlines the steps of the process:
1. File Your Claim
First, you will let your auto insurance company know that you have been involved in an accident with an uninsured driver.
2. Provide Supporting Evidence
Next, you will provide any evidence you collected, including the following:
- Photos or videos of the accident scene,
- Photos of injuries you and any passengers sustained in the crash,
- A copy of the police report,
- Documents showing the property damage and needed vehicle repairs, and
- Medical bills related to any surgeries or treatments
3. Insurance Reviews the Case
Your insurance company will review any provided documents and go over the claim to make a decision on it.
If the insurance company approves the claim, they will send the policyholder the approved compensation. If the claim is denied, the policyholder will need to take further legal action.
This process seems fairly straightforward; however, insurance companies often deny or delay valid car accident claims in an effort to protect their bottom line. Since this occurs frequently in Oklahoma, car accident victims who must file a lawsuit against an uninsured driver or file a claim on their own policy should always have the support of an experienced attorney representing them throughout the entire filing process.
An uninsured motorist accident lawyer in Tulsa, OK, at BDIW Law is here to protect your legal rights and ensure that the insurance company gives you the full compensation you deserve.
What Damages Are Available for Tulsa Uninsured Motorist Cases
Many factors will determine the amount of compensation you can receive when you file an uninsured motorist claim in Tulsa, such as:
- The severity of your injuries
- The amount of time you will be missing work for recovery
- The impact your injuries will have on your ability to continue your career
- The cost to replace or repair your damaged personal property
- The limits on your uninsured motorist coverage
If your injuries have left you with long-term disabilities and you can no longer work or make the income you did prior to the accident, you are likely to receive a higher compensation amount. The damages your attorney will help you seek compensation for include the following:
- Lost wages
- Property damage repairs or replacement
- Medical bills for doctors visits and hospital stays
- OTC medications
- Prescription medications
- Mental distress
- Physical pain and suffering
- Permanent disability
- Post-traumatic stress disorder (PTSD)
- Loss of consortium
- Loss of enjoyment of life
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Can My Auto Insurance Rates Increase if I File a Claim?
If you have been involved in a motor vehicle accident with an uninsured driver and had to file a claim with your insurance company to cover your damages, there are protections for your insurance policy.
Oklahoma Insurance Code §941 states that an insurance company cannot cancel, increase the premium rate, assign driving record points, or refuse to renew the insurance premium rate for any collision or liability insurance policy if the insured driver has been in a car accident and was not at-fault for the crash.
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Discuss Your Uninsured Motorist Claim with Us
With over 65 years of law experience, a skilled uninsured motorist accident attorney in Tulsa, OK, at BDIW Law can help you navigate an uninsured motorist claim to receive the highest compensation available for your case. Call us today by phone or reach us online for a free case consultation.
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