Key Takeaways
- Your Insurance May Help: Uninsured motorist (UM) and underinsured motorist (UIM) coverage can pay for your injuries when the other driver can't.
- Oklahoma Requires It: Oklahoma law requires insurance companies to offer UM/UIM coverage. You might have it even if you don't remember choosing it.
- You're Still Dealing With Insurance: Even though it's your own policy, your insurance company may fight the claim. Know your rights.
The other driver ran a red light and hit you. You did everything right. But when you file a claim, you find out they don't have insurance. Or they have insurance, but their limits are $25,000—and your medical bills are already at $75,000. Now what?
This happens more often than you'd think. A significant percentage of Oklahoma drivers don't have insurance or carry only minimum coverage. When one of them hurts you, your own insurance may be the only way to get compensated.
What Is Uninsured/Underinsured Motorist Coverage?
Uninsured motorist (UM) coverage pays when the driver who hurt you has no insurance at all.
Underinsured motorist (UIM) coverage pays when the other driver has insurance, but it's not enough to cover your injuries.
Together, these are often called "UM/UIM coverage." They're part of your own auto insurance policy, and they protect you when someone else doesn't have enough coverage.
Do You Have This Coverage?
Oklahoma requires insurance companies to offer UM/UIM coverage, and you have to specifically reject it in writing to not have it. That means many people have it without realizing it.
Check your auto insurance policy. Look for "uninsured motorist" and "underinsured motorist" sections. Note the coverage limits—these are the maximum amounts your policy will pay.
If you're not sure what coverage you have, call your insurance company and ask. They can tell you your limits and whether you have UM/UIM coverage.
How UM Coverage Works
If the driver who hit you has no insurance at all, you file a claim with your own insurance company under your UM coverage.
Your insurance company steps into the shoes of the other driver's insurer. You're covered for your injuries, lost wages, and other damages—up to your policy limits.
UM coverage also applies in hit-and-run situations where the other driver can't be identified.
How UIM Coverage Works
If the other driver has insurance but not enough, UIM coverage fills the gap.
Here's an example:
- The other driver has $25,000 in liability coverage
- Your injuries are worth $100,000
- You have $100,000 in UIM coverage
You'd collect $25,000 from their insurance, then file an underinsured motorist claim with your own insurance for the remaining $75,000.
The exact way this works can vary based on your policy language, but the basic idea is that UIM coverage provides additional compensation when the other driver's coverage runs out.
What About Property Damage?
UM/UIM coverage is primarily for bodily injuries—your medical bills, lost wages, and pain and suffering.
Damage to your car is typically covered by the collision coverage portion of your policy, regardless of who was at fault.
The Claim Process
When you file a UM/UIM claim, you're dealing with your own insurance company—but that doesn't mean they'll just hand you money. Insurance companies often dispute UM/UIM claims just like they dispute any other claim.
They may argue about:
- Whether the other driver was really at fault
- How serious your injuries are
- Whether your medical treatment was reasonable
- How much your claim is really worth
In some ways, this can feel like a betrayal. You've paid your premiums, and now your own company is fighting you. But this is reality. UM/UIM claims are legal claims, and insurance companies defend them.
Tips for Filing a UM/UIM Claim
Report the accident to your insurance promptly. Your policy probably requires you to notify them soon after an accident. Don't delay.
Get all the information you can about the other driver. Even if they don't have insurance, document their name, the vehicle, what happened. This helps prove they were at fault.
Get medical treatment and follow your doctor's instructions. Your injuries and treatment are the basis for your claim.
Keep records of everything. Medical bills, doctor's notes, prescription receipts, proof of lost wages, everything.
Don't sign anything from your insurance company without understanding it. Especially settlement releases. Once you sign, you usually can't get more money later.
Consider talking to a lawyer. UM/UIM cases can be complicated, especially when your own insurance company disputes your claim. Many personal injury lawyers handle these cases on contingency, meaning you don't pay unless you win.
Why UM/UIM Coverage Matters
Oklahoma requires only $25,000 in liability coverage per person. That's not much if you have serious injuries. Hospital stays, surgery, and ongoing treatment can quickly exceed those minimums.
UM/UIM coverage protects you from other people's bad choices. You can't control whether other drivers buy adequate insurance, but you can protect yourself.
If you don't currently have UM/UIM coverage—or if your limits are low—consider increasing them. The cost is usually small compared to the protection you get.
Being hit by an uninsured or underinsured driver adds frustration to an already difficult situation. But you're not necessarily stuck. Your own policy may provide the coverage you need.
At Addison Law, we help accident victims navigate UM/UIM claims and get the compensation they deserve. If you've been hit by an uninsured or underinsured driver, contact us for a free consultation.
Hit by an Uninsured Driver?
You may still have options. Let us review your case.
This article is for general information only and is not legal advice.
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*This article is for general information only and is not legal advice.*