Car Accidents Involving Uninsured and Underinsured Drivers
When you are involved in an accident with another driver, you expect your damages to be taken care of because you understand that having to pay for aspects out of pocket is not going to be an easy task for anyone. But, picture this: You’re driving along when, all of a sudden, somebody comes through an intersection without stopping at the traffic light and runs into the side of your vehicle. You are now injured and wondering how you are going to move forward with an injury claim. Then, to make things more complicated, you find out that the at-fault driver does not have car insurance or very little coverage. We can help you when you are dealing with uninsured and underinsured drivers in your case and need assistance.
What the Law Says in Oklahoma
Another driver caused your accident and now you wonder how you will be able to pay the bills for your medical expenses and more when the other driver has no insurance or very little insurance. Oklahoma is a “no pay, no play” state, which means that you will not be able to bring a claim for damages if you are uninsured. This means that you would probably not be able to claim damages like physical pain, emotional anguish, and more. This is why you always want to have insurance and be prepared for anything in an accident because you don’t want to be the unlucky driver without insurance when an accident hits home.
The fact of the matter is that, in Oklahoma, it is an absolute requirement to carry car insurance so that you can prove that you are going to be financially responsible in some way. This is why there could be penalties for the other driver when it comes to your accident. The other driver could be facing a range of consequences such as time spent in jail, extensive fines, and a loss of license.
Many Uninsured Claims Stem From Hit and Run Accidents
Sometimes, drivers flee the scene in a hit and run accidents when the driver does not have car insurance. The fortunate part is that, when a driver is found after a hit and run, they will likely face extensive fines and incarceration. The unfortunate fact is that, sometimes, it is difficult to track down those who hit a driver and flee the scene. Even when a driver is found and identified by police, sometimes it seems impossible to recover for your accident because you find out that the driver was underinsured or not insured at all, which is against the law. You have options after an accident when you discover that the driver had no insurance or little insurance.
To Bring a Lawsuit or Not?
Many people will think that their best course of action is to bring a claim against an uninsured driver in court. Personal injury claims are lawsuits that will help you recover in your time of need, but you will find that this is not always possible. If the driver is uninsured or underinsured, we want to make a very fine point: It is possible that they don’t have much in the way of assets. You will only be able to recover from somebody who has assets, such as money in their bank account and a job to support it, personal property, and so much more. Many people avoid buying insurance because they don’t have assets, so how will you ever be able to recover?
This leads to a possible scenario: You will have to pay the medical bills yourself. However, you may not be able to do this because you don’t have money to afford the bills on your own.
Turning to Your Own Policy
Sometimes, when you have been injured in an accident with a driver who doesn’t have insurance or only has little insurance, there is only one thing left to do: turn to your own insurance policy for your Underinsured or Uninsured Motorist Coverage. You can only do this if you are properly insured and, if you are, you will find that coverage is possible and you can breathe a sigh of relief. UIM coverage steps in to offer you protection when you were involved in a serious accident with somebody who does not have insurance. If you have UIM, it usually doesn’t exceed your liability coverage, which means that you may not be covered as much as you would like – but it may cover you for the most part.
Car insurance is a necessity and a requirement in every state, but UIM is not. This means that, if it is not part of your policy, you may miss out in the event of an accident. It will not cover injuries that happen after the fact if you purchase it too late. You should always consider adding it to your policy so that you don’t miss out on your one chance at recovery.
There is one last scenario to consider: Let’s say that you have gone through the process of receiving uninsured or underinsured motorist coverage through your insurance company. You are involved in an accident, but now your insurance company claims that they are unable to cover you in any way. Insurance companies sometimes act in bad faith when they honor their obligation to pay. Insurance companies must do whatever it takes to act in good faith and protect their policyholders in any event. In these cases, the insurance company could owe you compensation as well as punitive damages for acting with wrongful behavior.
Have you been injured by a driver who was driving with little insurance or no insurance? Now you’re left without options when it comes to recovering compensation and you aren’t sure of where to turn. We want to help you in every way when it comes to your claim at the McGuire Law Firm. Call us today for more information on how we can assist you at 888-352-0624.