What if the Other Driver Doesn’t Have Insurance?
When another driver crashes into you as you travel around Oklahoma City, you expect their car insurance company to pay for your medical costs and other expenses.
But what if the other driver doesn’t have insurance?
Then you might still be able to claim compensation with the help of an experienced Oklahoma City car accident attorney from McGuire Law Firm.
How McGuire Law Firm Can Help If You’re Hurt By an Uninsured Driver in Oklahoma City, OK
When the people of Oklahoma City need help fighting for damages after a car accident or truck collision, they know that they can always rely on McGuire Law Firm. Our team of attorneys has the industry experience and statutory knowledge required to handle even the most complex cases.
Should you hire us to assist you after your crash with an uninsured driver, we will:
- Accurately assess your damages
- Complete and file your insurance-related paperwork
- Walk you through the complex insurance claims process
- Provide you with astute legal advice as necessary
- Look for evidence to help you prove your case
- Help you understand your potential legal options
- Answer all of your claim-related questions
- Conduct an independent investigation into the cause of your crash
- Research the best ways to deal with your uninsured motorist claim
- Work out a settlement deal with the insurance company
- Argue on your behalf in court, if requires
Are you ready to have a knowledgeable Oklahoma City personal injury attorney from McGuire Law Firm help you fight for damages after your accident with an uninsured driver? Then please get in touch with us today to set up a free consultation at our law offices in Oklahoma City. Our legal team has been handling cases like yours for years, and we are ready to go to bat on your behalf.
An Overview of the Uninsured Driver Problem in Oklahoma
When it comes to auto collisions, Oklahoma is an at-fault state. This rule means that, when one driver crashes into another, the responsible party must pay for any expenses incurred by the victim.
To ensure that motorists can pay for any damages they may cause on the road, the state of Oklahoma requires them to carry liability insurance with the following minimum limits:
- Bodily injury coverage per person – $25,000
- Bodily injury coverage per accident – $50,000
- Property damage coverage per accident – $25,000
Unfortunately, many drivers fail to follow this law. In fact, according to the Insurance Research Council and the Insurance Information Institute, 10.5 percent of Oklahoma drivers don’t have insurance.
When these uninsured motorists collide with other road users, they often struggle to pay for the damages they cause. As a result, innocent people frequently end up covering their medical bills and other expenses out of their own pockets.
Did you get hit by an uninsured driver in Oklahoma City, OK? Then please do not hesitate to reach out to the experienced personal injury lawyers at McGuire Law Firm. We may be able to use our legal skill and statutory knowledge to help you avoid emptying your bank account to pay for your accident-related expenses.
Claiming Compensation After a Collision with an Uninsured Motorist
There are two different methods that Oklahoma City residents can employ to pursue damages after a collision with an uninsured motorist. They are:
- Filing an uninsured motorist claim with their insurer, and
- Filing a personal injury claim against the other driver
The correct option to take generally depends on the extent of the victim’s auto insurance coverage.
Pursuing Compensation By Filing an Uninsured Motorist Claim
The most straightforward way for Oklahomans to recover damages after a crash with a driver that does not have car insurance is to file an uninsured motorist claim with their own insurer. However, they can only do so if they have this coverage included in their policy.
Uninsured motorist coverage does not come with most insurance policies in Oklahoma. Drivers who wish to enjoy this protection must pay an extra monthly fee (usually about $5 to $10).
The process of filing an uninsured motorist claim should work as follows:
- Reporting the Crash: The victim tells their insurer that they got hit by an uninsured motorist.
- Presenting Evidence: The victim sends their insurer a mountain of relevant evidence to prove their claim.
- Insurer Review: The insurance company takes some time to review the victim’s uninsured motorist claim.
- Payout: The insurance company sends the victim the compensation they need and deserve.
Unfortunately, the system does not always work in this way. Because they are for-profit entities, insurance companies regularly deny and delay valid claims in an effort to decrease their expenses and boost their bottom line.
Injured parties who want to avoid running into these types of challenges when filing a claim would be wise to hire a seasoned lawyer to represent them throughout the process.
Pursuing Compensation By Filing a Personal Injury Claim
When Oklahoma residents who do not have uninsured motorist coverage get hit by drivers who don’t have insurance, they do not have to sit back and accept their financial losses. Instead, they can sue the other driver.
To successfully recover damages at the conclusion of their lawsuit, they must prove that:
- The other party owed them a duty of care
- The other party breached that duty by behaving negligently
- The other party’s breach of duty caused their injury, and
- Their injury is as painful and life-altering as they claim
Typically, the most efficient way to prove these four points is to present the court with evidence like:
- Witness testimony
- Traffic cam footage
- Medical records, and
- Crash scene pictures
Of course, even if a judge rules in their favor and awards them some well-deserved compensation, there is no guarantee that the at-fault driver will ever remit payment. Individuals who travel around Oklahoma City without insurance generally do not have the financial capacity to cover substantial compensatory awards.
Do you need help filing a personal injury lawsuit or an uninsured motorist claim in Oklahoma City? If so, please do not hesitate to get in touch with the knowledgeable attorneys at McGuire Law Firm. We know what it takes to win cases like yours, and we are ready to use our knowledge to fight tirelessly for you.
Compensation Available in Oklahoma Uninsured Motorist Cases
When calculating the amount of compensation the residents of Oklahoma City ought to receive when they get hit by uninsured motorists, insurance companies, judges, and juries consider a wide range of factors, such as:
- The cost of the victim’s initial medical treatment
- The fees associated with the victim’s ongoing care needs
- The cost to repair or replace the victim’s damaged property
- The number of days the victim’s injury caused them to miss from work
- The impact the victim’s injury will have on their ability to continue working in their chosen career
- The mental trauma the victim endured because of their injury, and
- The effect the victim’s injury will have on their overall quality of life
Courts and insurers generally award the most substantial awards to those who suffer injuries that leave them with permanent disabilities or life-long health issues that prevent them from returning to their job.
When our experienced lawyers represent injured Oklahomans, we pursue damages for their:
- Medical bills
- Ongoing healthcare costs
- Property damage
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
If the at-fault driver acted with malice, we also fight for punitive damages.
At McGuire Law Firm, we have been assisting Oklahoma City residents with their battles for compensation for many years. We know what it takes to help our clients recover the funds they need to pay for their healthcare bills and other expenses. If you would like to have us go to battle for you, all you have to do is pick up the phone and give us a call.
Deadline for Filing for Damages After a Crash with an Uninsured Driver
The statute of limitations for contract disputes in the state of Oklahoma is five years. As such, an Oklahoma City resident who wishes to file an uninsured or underinsured motorist claim to recover compensation for their injuries must usually do so before the fifth anniversary of their crash.
This statute also explains that the statute of limitations for personal injury claims in the Sooner State is two years. So, if a victim files a lawsuit after the second anniversary of their car crash, the court is likely to dismiss it immediately.
Is your statute of limitations set to expire in the coming months? Then please do not hesitate to call McGuire Law Firm. Our experienced team is always available to help you file documents in a timely manner.
What if the Other Driver Doesn’t Have Insurance? Contact McGuire Law Firm Today
Over the years, the attorneys at McGuire Law Firm have helped many Oklahoma City residents fight for compensation after accidents involving uninsured drivers. We would love to do the same for you. To set up a free consultation with a member of our team, all you need to do is shoot us a message at your earliest convenience.