Car accidents often result in overwhelming medical bills, lost wages, and vehicle repair costs. Although Oklahoma law requires drivers to carry liability insurance, 11.8% remain uninsured, and many with minimum coverage lack sufficient protection for serious accidents.

When the at-fault driver carries minimal insurance, recovering enough compensation to cover your expenses can feel challenging. If you’re in this situation, understanding your options for recovery and support is crucial.

Read on to learn how to protect your rights after a crash with an uninsured or underinsured driver and how an experienced Oklahoma City car accident lawyer can help you take the necessary steps toward achieving a full financial recovery.

These Options Can Help Cover Your Damages After the Crash

Knowing your options after an accident can make it easier to manage expenses and focus on healing. Here are some potential ways to get compensation:

If you are unsure what types of coverage may apply in your accident, contact Parrish DeVaughn Injury Lawyers for a free case consultation.

Why Contacting a Lawyer Is Key After a Crash Caused by an Uninsured or  Underinsured Driver

Recovering from a car crash while dealing with insurance and compensation can be overwhelming. Working with an experienced car accident lawyer provides guidance and support throughout the process.

Our team at Parrish DeVaughn can help you with the following:

• Review Your Insurance Policies: We thoroughly review your UM/UIM, MedPay, and other insurance policies to identify coverage that can help alleviate your financial stress.

• Investigating Liable Parties: Your lawyer can determine whether a third party, like a vehicle manufacturer or a government entity, shares responsibility for the crash, giving you more options for compensation.

• Negotiating Settlements: Our team communicates directly with insurance companies, advocating for a fair offer that fully accounts for your expenses and long-term needs.

• Filing a Lawsuit: We can pursue legal action against the at-fault driver or other responsible parties to help you recover the compensation you need.

• Assessing Future Expenses:  Your lawyer calculates ongoing costs, such as medical care and lost income, to help you pursue a settlement that addresses your long-term needs.

• Managing Deadlines: We keep track of all legal deadlines, protecting your right to compensation by filing claims and lawsuits within the applicable statute of limitations.

Arrange Your Free Consultation Today

When the at-fault driver is uninsured, or their insurance coverage isn’t enough, it doesn’t mean you have to bear the financial burden alone. At Parrish DeVaughn, our knowledgeable team can help you explore alternative coverage options to recover the compensation you need to rebuild your life.

We’ve helped clients across Oklahoma secure settlements, often more than doubling an insurer’s initial offer. Contact us today for a free consultation, and let us help you get the recovery award you need to regain financial stability after a crash.

Getting into a car accident in Oklahoma City without insurance isn’t ideal, but it’s also not necessarily the end of the world. If you have suffered an injury, you may have the right to receive compensation from the other driver or whoever is ultimately found liable for the crash. Conversely, if you’re at fault, you may be able to avoid significant liability. This article will provide an overview of the laws and practical considerations related to getting into a car accident without insurance. Also, we’ll explain how an Oklahoma City car accident lawyer can help you protect your rights.

Oklahoma is an At-Fault State for Car Accident Liability

Let’s start with the basics. In Oklahoma, the party found to be at fault for causing a car accident bears liability for whatever damage they have caused. All Oklahoma drivers must carry auto insurance to cover that potential liability, should they ever need to use it. In legal jargon, that makes Oklahoma what is known as an “at-fault” state, in contrast with so-called “no-fault” states where drivers must carry insurance to cover their own injuries in an accident regardless of who was at fault.

Compensation for Injuries in an Oklahoma City Car Accident

Because Oklahoma is an at-fault state, victims of an Oklahoma City crash can seek compensation for their losses from anyone whose careless, reckless, or intentional actions caused the accident. Through a lawsuit or a claim submitted to the at-fault party’s liability insurer, victims can typically pursue compensation for their:

• Medical care, vehicle repair, and other accident-related expenses.
• Past and future losses of income and job benefits (if their injuries prevent them from working).
• Physical pain and emotional distress.
• Diminished quality of life.
• Scarring, disfigurement, or loss of bodily function.

But What if You Don’t Carry Auto Insurance?

As the victim of a crash in Oklahoma City, you can seek compensation through a lawsuit or insurance claim, even if you do not carry auto insurance. The at-fault party is liable for harming you regardless of your insurance status. Oklahoma law used to limit the damages you could recover if you were hurt in an accident while driving uninsured, but the Oklahoma Supreme Court struck down that so-called “no pay, no play” statute as unconstitutional in 2014. An experienced car accident lawyer in Oklahoma City can handle your claim and seek the maximum compensation available.

Who is at Fault?

In many Oklahoma City car accidents, a driver bears fault for the crash and their auto liability insurance should cover the victim’s losses. But drivers aren’t the only parties who might owe damages for the harm caused by the accident. Other liable parties could include:

• The employer of a driver who crashed a work vehicle.
• A bar or restaurant that served alcohol to a visibly intoxicated or underage drunk driver.
• The manufacturer of a defective vehicle.
• A government entity or private landowner responsible for dangerous road conditions.

Determining who was at fault in an Oklahoma City car accident case could require a detailed investigation. An experienced car accident lawyer can review the evidence, which may include police accident reports, victim and eyewitness statements, damaged vehicles, and photos or videos of the accident scene, to pinpoint the cause of the wreck and the parties responsible. 

How Can a Car Accident Lawyer in Oklahoma City Get You Paid?

As a crash victim, a car accident lawyer can evaluate your options for seeking compensation. One option could involve filing an insurance claim under the at-fault party’s liability policy. A lawyer can prepare your claim and deal with the insurance company on your behalf, maximizing your chances of full compensation.

Another option could involve suing the at-fault driver or someone else who may be liable for the crash. Filing a lawsuit doesn’t necessarily mean your case will go to trial. Most Oklahoma City car accident cases settle long before they reach a courtroom. Still, it pays to retain an Oklahoma City car accident lawyer who knows how to win, both in and out of court. Often, simply hiring a lawyer with a sterling reputation and track record of getting results can motivate an at-fault party or liable insurer to come to the table and negotiate a fair settlement.

The Legal Consequences of Driving Without Insurance

While it may be true that you can seek compensation through a lawsuit or insurance claim to cover your losses—even if you don’t have insurance, that doesn’t mean you don’t have some legal responsibility in the matter. Driving without insurance in Oklahoma City is risky and can expose you to unpleasant legal consequences. It’s a misdemeanor to drive uninsured in Oklahoma, and a conviction is punishable by a $250 fine, up to 30 days in jail, and suspension of your driving privileges. Plus, a police officer could seize your vehicle or your license plate, subjecting you to additional fees and inconvenience to get them back.

In addition, without insurance to cover your liability, you could be required to pay a crash victim’s damages out of your own pocket if you cause an accident. However, that’s not guaranteed. If the crash victim carries uninsured motorist coverage, (insurance that covers the damages a liability insurance company would pay if you carried it) you could avoid a claim. But you could still be on the hook for any losses the victim’s insurance doesn’t cover. And the victim’s insurer could still choose to pursue you for reimbursement of the damages it paid out on the claim.

We Can Help You with Your Uninsured Car Accident Claim

If you were in an accident in Oklahoma City and didn’t have insurance, the attorneys at Parrish DeVaughn can help you explore and protect your rights. There is no charge for your initial consultation and no legal fees unless we recover money on your behalf. Contact us to learn more.

After an injury that wasn’t your fault, you may be eligible to get compensation from the person or party that was at fault. In an auto accident, the at-fault party is probably the driver of the other vehicle, and in a slip and fall, the at-fault party is probably the owner of the property where you fell. But in most cases, those at-fault parties don’t pay victims out of pocket—instead, the victims’ compensation comes from insurance policies.

However, there are a few scenarios where victims need to pay for their injury-related expenses from their own insurance policies. This is common after accidents where the person who injured them is uninsured or can’t be identified, such as after a hit-and-run crash. But what happens when victims’ insurance policies have lapsed due to non-payment—are they still eligible for compensation through those policies?

You Usually Can’t Get Compensation if Your Policy Had Lapsed When Your Accident Occurred

To remain fully covered by insurance and to be able to count on your policy paying out after an accident, it must be kept current and fully paid 365 days a year. Even if it only lapses for a single day, you’re out of luck getting compensation for your injury-related expenses if your accident happened on that single day where you had no valid coverage.

However, you may still be eligible for compensation if your policy lapsed after the accident occurred, but before you decided to file a settlement claim. Insurance companies may be reluctant to pay if you don’t have active coverage when you file your claim, so it’s important to have an experienced Oklahoma personal injury lawyer on your side as soon as you’re ready to pursue compensation.

How to Minimize the Chances of Your Policy Lapsing

For many people, letting their policies lapse boils down to being unable to afford the premiums, forgetting to pay, or believing that they no longer need their policies. However, having insurance coverage adds another layer of protection for you if you get injured through no fault of your own. You can’t always count on other people to be fully insured or even reachable after an accident.

If your premiums are too expensive, consider dropping some aspects of your policy, switching to a cheaper policy, or changing insurers altogether. And if possible, set up auto-recurring payments online or through your insurer’s app to get peace of mind and know that your policy will be paid in full every month with no action required on your part.

You Don’t Need Insurance to File a Claim Against a Negligent Driver

At one point, Oklahoma required drivers to have active and valid liability insurance to file claims against other drivers who hit them. This rule is also known as the “no pay, no play” law, and it’s in effect in several states in the U.S. Oklahoma declared it unconstitutional in Dec. 2014, and that means that uninsured drivers can still pursue compensation for their damages from other drivers when they were injured because of negligence.

However, you should never count on the other driver having auto insurance—or even being found after a crash. Uninsured and hit-and-run drivers are common in Oklahoma, and if you don’t have insurance or your policy has lapsed, you’ll be forced to pay for your expenses completely out of pocket.

Our Lawyers Can Help You Utilize All Methods of Receiving Compensation

Regardless of your insurance situation, it’s important to reach out to an experienced Oklahoma law firm after an accident or injury that wasn’t your fault. There are many ways to recover compensation after accidents, especially since Oklahoma is no longer a “no pay, no play” state. Simply put, if your accident wasn’t your fault, you can and should be compensated, regardless of how much insurance you have or whether your policy has lapsed.

Contact Parrish DeVaughn Injury Lawyers today for a free consultation. We’ll review the facts of your accident or injury, and if we believe you have a claim, we’ll go to work for you immediately, and you’ll never see a single bill from us unless we get compensation for you.

Oklahoma requires that all drivers carry liability insurance in case they cause crashes that result in property damage or injuries. But nearly 25% of Oklahoma drivers don’t have up-to-date auto insurance.

So, what happens if you don’t have auto insurance and you’re injured in a crash that wasn’t your fault? Can you still sue the at-fault driver for your crash-related expenses? We answer this commonly asked question below.

A 2014 Oklahoma Supreme Court Ruling Changed Everything for Uninsured Drivers

11 states in the U.S. have “no pay, no play” laws, including California, Michigan, and New Jersey. These laws prevent uninsured drivers from being eligible to receive compensation from at-fault drivers after crashes. And as recently as 2014, Oklahoma was one of them.

However, the Oklahoma Supreme Court found the state’s “no pay, no play” laws unconstitutional in 2014. As a result of that ruling, uninsured drivers can once again file compensation claims and lawsuits against the drivers who caused their crashes and injuries.

Despite the Supreme Court Ruling, You Still Need Liability Insurance

Although you’re technically allowed to pursue compensation after a crash if you’re uninsured, driving around without coverage is a bad idea. Not only is it illegal and can result in an expensive ticket if you get pulled over, but it also leaves you vulnerable to paying for the other driver’s expenses out of pocket if you’re ever found to be more than 50% responsible for a crash.

Because Oklahoma is a comparative negligence state, drivers who are partially at fault can still pursue compensation against the other drivers after crashes. That means the other driver may try to have your level of fault changed to be more than 50%, and if they’re successful, you’ll be on the hook for their expenses, including both their repair bills and medical bills.

Liability Insurance Isn’t the Only Insurance You Need

Although having liability insurance gives you the green light to legally drive in Oklahoma and protects you from personal liability in a crash that was your fault, it doesn’t do much for you financially if you’re hurt in a crash that wasn’t your fault. Given the fact that one in four drivers in Oklahoma is uninsured, it’s extremely important to purchase uninsured driver coverage. This coverage helps you pay for your own medical bills and other damages if the driver who hit you is uninsured or can’t be found, such as in a hit-and-run crash.

Medical Payments coverage, also known as MedPay, is another type of insurance worth purchasing to further protect yourself and your family. It kicks in after any crash that results in injuries, and it pays out regardless of who is at fault. The maximum amount is typically less than what’s provided from liability insurance or uninsured motorist coverage, but it can provide enough money to stay on top of your medical bills while you wait for your claim to settle.

Even with Insurance, You Still Need a Lawyer to Get the Money You’re Owed

At Parrish DeVaughn, we always recommend that drivers have as much insurance as they can afford. Unfortunately, insurers are always looking for ways to reduce or deny claims to claimants, even when those claimants are their policyholders!

Our Oklahoma car accident lawyers know that getting full compensation can be difficult whether you’re filing a claim against the other driver’s liability insurance or your own uninsured driver coverage. However, we have years of experience helping injured drivers and their passengers get the compensation they’re owed, and we’re ready to put that experience to work for you, too.

Contact us today for a free consultation. There are no upfront fees or obligation to hire, and you’ll never see a bill from us unless we get money for you.

There are many reasons that you may find yourself in the passenger seat or even the back seat of your vehicle. Maybe you’re teaching your child to drive, or a designated driver is taking you and some of your friends home after a night out.

These are common scenarios for vehicle owners, but what happens if your vehicle is involved in a crash and you aren’t behind the wheel? Are you still able to file a compensation claim?

You Can File Damages Claims for Both Injuries and Property Damage

Even if you weren’t driving when the crash happened, you can still file a compensation claim just as you would if you were behind the wheel. Because Oklahoma is an at-fault state, the liability falls on the driver who caused the crash.

That means that you and other passengers who were injured can file claims against the at-fault driver for your medical bills and lost wages, and as the owner of the vehicle, you also may be able to recoup vehicle repair expenses.

You Can Also File a Claim Against Your Insurance if Necessary

Unfortunately, many Oklahoma drivers are uninsured or underinsured. That means they may not have enough coverage—if any at all—to pay for your accident-related damages, let alone the damages of anyone else in your vehicle. But if you purchase underinsured/uninsured motorist coverage, you can get compensation through your auto insurance policy to make up the difference or to give you money, period.

What If Your Vehicle Was Involved in a Crash and You Weren’t in It?

If your vehicle is damaged in a crash and you weren’t in it at the time of the accident, you may be able to file a claim to get money to repair the damage if the other driver was at fault. However, if the person driving your vehicle is at fault, the other driver may be able to file a claim against your insurance policy, especially if the person you loaned your vehicle to is uninsured or underinsured.

What if the Person Driving Your Vehicle Was at Fault for the Crash?

Although a case where a driver in another vehicle caused an accident involving your vehicle may be straightforward, a case where the person driving your vehicle is at fault for the crash can be more complex. You may be able to file claims against your auto insurance as well as the insurance policy of the person driving your vehicle, especially if they have a separate policy from you (i.e., the at-fault driver wasn’t your child or spouse).

If you have MedPay coverage, you also may be able to recover money from it, regardless of whether you were driving your vehicle or even if the person who was driving was at fault.

Report the Crash to Both Insurance Providers Right Away

Because both your auto insurance policy and the policy of the person driving your vehicle may be involved, it’s important to report an accident where you weren’t driving your vehicle to both insurers right away. Although you may recover compensation from just your insurer, it’s possible to get compensation from both, but only if you report the crash within the required timeframe, which may be as short as 48 hours after the crash.

Our Lawyers Can Help You During These Potentially Complex Situations

Accidents involving more than two policyholders or drivers can get messy, especially when the fault for the crash isn’t clear-cut or well-established. And although Oklahoma is an at-fault state, it’s also a modified comparative negligence state, which means that compensation can be reduced if a claimant is found to be partially responsible for their accident.

At Parrish DeVaughn Injury Lawyers, our Oklahoma City car accident attorneys can review all the facts of what happened and determine your best path towards getting full compensation if your vehicle is involved in a crash and you weren’t behind the wheel. Contact us today for a free consultation.

When you’re in a car accident, it’s a horrible time in your life and even more so if you suffer a serious injury that leaves you disabled with mounting medical bills. When this happens, you deserve to be compensated for the harm that you have suffered.

Sometimes, unfortunately, the other driver doesn’t have the necessary amount of insurance to cover your injuries, or they might have none at all. What do you do when this happens? Read about what happens when you’re hit by an uninsured driver and how having the right insurance and a car accident attorney can help your case.

Insurance for Uninsured Drivers

Far too many people are unaware that just because you win an injury claim, that doesn’t necessarily mean you’ll be able to collect damages. When you file an injury suit, you are bound in many ways by the limits of the defendant’s insurance policy.

For example, if you have an injury valued at $300,000, but the defendant only has $200,000 in coverage, while the defendant is technically on the hook for the remaining $100,000, if they don’t have it to pay, you won’t be able to collect. It’s worse if they don’t have insurance at all.

Uninsured and Underinsured Motorist Coverage

Uninsured and underinsured motorist coverage are two kinds of insurance that exist to protect drivers who face a potential case where insurance won’t cover the full amount of the damages. These two types of insurance will cover it, but only to the extent of your coverage.

This means that in the case of the above example if you’ve got $250,000 in underinsured motorist coverage, that’s the maximum you can collect between your insurance and theirs. Your insurance would pay an additional $50,000 of the $300,000 (to the limit of your coverage), rather than paying the full additional $100,000.

Making an Uninsured or Underinsured Claim

When you need to make a claim against your under- or uninsured insurance claim, you need to contact your insurance company as soon as you can to give them notice that you’re intent on making such a claim. You may have deadlines placed in your policy which may be very brief, so a timely claim is essential to getting coverage.

You may also have to wait for the claim to develop since you won’t know immediately how much your injury might be worth. It’s important to stay on top of developments so you can keep your insurer informed at every stage of the claim.

Usually, these kinds of claims move forward just like any claim, but they are against your insurer rather than (or in addition to) the other drivers. This means there will be investigations, medical records checks, and depositions. Usually, however, you don’t pursue a lawsuit against your insurer but go to arbitration if you can’t come to an agreement.

Using a Car Accident Attorney

This process is less formal, but can still be confusing and tricky, and it can be very helpful to have the services of an experienced car accident attorney to help make sure you have the best chance at maximum compensation. For years, Parrish DeVaughn has helped Oklahoma City residents pursue injuries and compensation and we can help you. Give us a call today!

There are many types of car insurance that you need to have in order to protect yourself if something unthinkable happens on the road. Here, we will explain the importance of uninsured and underinsured motorist coverage, and the circumstances that dictate needing an Oklahoma City car accident lawyer.

What Is Uninsured Driver Coverage?

This type of coverage is what you use if the driver at fault in your car accident carries no car insurance. You typically would not bother attempting to sue the driver for damages in these instances, as people without car insurance typically don’t have much in the way of money. You would instead, up to the limit of your coverage, make a claim against your own insurance company.

What Is Underinsured Driver Coverage?

Underinsured driver coverage applies to situations in which the driver who hit you has insurance, but it is insufficient to cover your damages. In order for you to receive the total damages you need after being hit in a car accident, the other driver would have to have enough policy coverage to pay for them.

If this is not the case, you would make a claim against your insurance company, depending on the limits of your underinsured driver coverage. It’s important to note that you can only do this if your own underinsured coverage is greater than the liable driver’s insurance coverage.

You should also be aware that the amount you can receive from your underinsured and uninsured driver coverage cannot exceed the difference between the limit in your insurance and the coverage of the other driver. That means that, if your primary coverage is $200,000, even on a $300,000 claim if the other driver only has $100,000 in coverage, you can only have up to $100,000 in coverage from a claim against that driver, the difference between their policy and yours.

How To Make A Claim

Tell your insurance company as soon as possible if you think the driver responsible for hitting you is uninsured, as you will need to file an uninsured claim. Don’t delay, just in case your policy has strict deadlines when it comes to potential uninsured claim notifications. File a claim if the other driver refuses to give you any of their insurance information, or if they can’t get it to you in a timely manner.

Filing an underinsured claim is a little more complicated. You have to have a better understanding of how much your medical treatment and other damages will cost, which your Oklahoma City car accident lawyer can help you figure out. The main difference in underinsured and uninsured driver cases is that the claim you make will be against your own insurance policy.

If it gets down to it and you and your insurer cannot reach an agreement on the damages you need, you should seek the help of a strong attorney. A lawyer will know how to approach the issue and take over negotiations to get you the settlement you need. If you’re in need of an Oklahoma City car accident lawyer after being hit by an underinsured driver, give us a call at the Parrish DeVaughn Law Firm today.