An uninsured or underinsured driver can turn your life upside down in seconds. You follow all the rules, carry proper insurance, and drive responsibly, only to then have someone without adequate coverage hit you. In Oklahoma, about 12% of drivers operate without insurance, and many others carry limits far below what serious injuries may actually cost. If you’ve been hit by an uninsured or underinsured driver in Tulsa, you still have options. Your own uninsured/underinsured motorist (UM/UIM) coverage can protect you and your family. Abel Law Firm helps injured Tulsa residents pursue compensation through UM/UIM claims. We work on a contingency fee basis, meaning you pay nothing unless we recover money for you. Call (918) 777-7046 today for your free consultation.
Why Choose Abel Law Firm for Your UM/UIM Claim
When you file a UM/UIM claim, you’re not just dealing with your own insurance company; you’re negotiating with professionals trained to minimize payouts. You need an attorney in your corner who understands how these claims work. Abel Law Firm has spent over 50 years advocating for injured Oklahomans and has recovered more than $550 million in client compensation. Our Tulsa office serves the local community with the same dedication our firm has provided across Oklahoma for decades.
Our attorneys bring strong credentials to your case. Multiple members of our team hold Super Lawyers distinctions. We’ve received recognition from Best Lawyers in America. The Journal Record voted Abel Law Firm Oklahoma’s Best Personal Injury Law Firm for three consecutive years. We handle UM/UIM claims regularly and are familiar with the tactics insurance companies use to deny or minimize them. We know how to counter those tactics effectively.
Awards and recognitions reflect past honors and do not guarantee future results.
You’ll never pay an upfront fee. We handle your case on a contingency basis, which means we only get paid if you recover compensation. We’re available 24/7 to answer your questions and discuss your claim. When you choose Abel Law Firm, you choose a firm that has demonstrated its commitment to injured Tulsa residents through decades of results.
How Uninsured & Underinsured Motorist Coverage Works in Oklahoma
Oklahoma law requires insurers to offer uninsured and underinsured motorist coverage as part of every auto policy. Drivers can reject it in writing, but this coverage exists specifically for situations when the at-fault driver either has no insurance or doesn’t have enough coverage to pay for your damages. Understanding how UM/UIM coverage works is essential to protecting your rights.
Uninsured motorist (UM) coverage applies when the driver who hit you has no auto insurance at all. Underinsured motorist (UIM) coverage applies when the at-fault driver’s insurance policy limits don’t cover the full extent of your injuries and damages. For example, if another driver causes a serious accident and their policy only covers $25,000 in damages, but your medical bills and other losses total $100,000, your UIM coverage can help bridge that gap.
Oklahoma Statute 36 (OK Stat § 3636) sets minimum coverage requirements. Insurers must offer at least $25,000 per person and $50,000 per accident for bodily injury liability, plus $25,000 for property damage. Many Tulsa residents carry these minimum limits, but serious accidents often result in damages far exceeding these amounts. That’s where UM/UIM coverage becomes especially important. If you’ve been in a Tulsa car accident, our team can evaluate your coverage options.
When you file a UM/UIM claim, you file it with your own insurance company, not with the at-fault driver’s insurer. Your insurance company has a legal duty to handle your claim fairly and in good faith. Unfortunately, some insurers may try to minimize payouts or delay claims. An attorney familiar with UM/UIM law can help make sure your insurance company meets its obligations to you. Learn about insurance disputes and your rights.
What Damages Can You Recover?
UM/UIM coverage can compensate you for both economic and non-economic damages. Economic damages include medical expenses, lost wages from time away from work, property damage to your vehicle, rehabilitation costs, and modifications to your home or vehicle if your injuries require them. Non-economic damages may include pain and suffering, emotional distress, loss of enjoyment of life, permanent disability, and loss of companionship if your injuries affect your relationships. Understanding economic and non-economic damages helps you evaluate your claim’s true value.
When You Can File an Uninsured Motorist Claim in Tulsa
You can file a UM/UIM claim in several situations. If an uninsured driver hits you, you file under your uninsured motorist coverage. If an underinsured driver causes your accident and their policy limits don’t cover your damages, you file under your underinsured motorist coverage. Hit-and-run accidents also qualify, meaning if a driver flees the scene and you have uninsured motorist coverage, you may file a claim even though you never identified the at-fault driver.
You file your UM/UIM claim with your own insurance company. It must investigate your claim and negotiate fairly with you. Oklahoma’s comparative fault rules also protect you. Even if you were partially at fault for the accident, you can still file a UM/UIM claim. Your recovery may be reduced by your percentage of fault, but you retain the right to pursue compensation. Our personal injury attorneys can help minimize your assigned fault.
Steps to Take After an Uninsured Driver Accident
Your actions immediately after an accident strongly affect your UM/UIM claim. First, ensure everyone’s safety and call 911 if anyone needs medical attention. Call the Tulsa Police Department to report the accident and obtain a police report number. Document the scene with photos of vehicle damage, road conditions, traffic signals, and the other vehicle, if possible. Understanding why it’s important to always call the police after an accident can protect your claim.
Gather information from any witnesses who saw the accident. Get their names, phone numbers, and email addresses. Seek medical evaluation even if you feel fine, as some injuries develop over hours or days. Medical records create an important foundation for your claim. Report the accident to your insurance company promptly, but avoid discussing fault or accepting settlement offers without legal representation.
Keep detailed records of all expenses related to your accident. Save receipts for medical treatment, prescriptions, medical equipment, transportation to appointments, and any other accident-related costs. Document your lost wages and how the accident affected your daily life. These records become crucial evidence in your UM/UIM claim. Learn more about what to do after a car accident to protect your rights. You should also understand how to claim lost wages from a car accident.
How Abel Law Firm Handles Your UM/UIM Claim
When you hire Abel Law Firm, we take over the heavy lifting. We conduct a thorough investigation into your accident, gathering police reports, witness statements, medical records, and evidence of your damages. We work with medical professionals to document the full extent of your injuries and their potential long-term impact on your life. Our Tulsa personal injury lawyers have extensive experience with these investigations.
We then negotiate with your insurance company on your behalf. Insurance adjusters often undervalue claims or delay processing. We counter these tactics by presenting comprehensive evidence of your damages and the law’s requirements. If your insurance company refuses to offer fair compensation, we’re prepared to file a lawsuit and take your case to trial. Many cases settle during litigation once the insurance company realizes we’re serious about advocating for you.
Throughout the process, you pay nothing up front. We handle all costs associated with your case, and we only receive payment if you recover compensation. This arrangement aligns our interests with yours since we succeed when you do. For more information about how car accident settlements work, contact our team.
Frequently Asked Questions About Uninsured Motorist Claims
How long do I have to file an uninsured motorist claim in Oklahoma?
You generally have two years from the date of your accident to file a UM/UIM claim under Oklahoma Statute §12-95. Acting quickly strengthens your claim. Evidence fades, witnesses move away, and memories become less reliable over time. Contact Abel Law Firm as soon as possible after your accident to help protect your rights. Learn more about the statute of limitations for personal injury claims in Oklahoma.
Will filing a UM/UIM claim increase my insurance rates?
No. Oklahoma Insurance Code §36-941 specifically prohibits insurance companies from increasing your rates because you filed a UM/UIM claim. This protection exists because UM/UIM coverage is required to be offered in Oklahoma. It’s not optional coverage you chose to add. Your insurance company cannot penalize you for using the protection the law requires them to make available. For more details, see our guide on how to report a car accident to insurance.
What if the at-fault driver is found but has no insurance?
You still file under your uninsured motorist coverage. The fact that police identify the at-fault driver doesn’t change your right to file a UM claim. Your insurance company must investigate and process your claim as required under your policy and applicable law. Understanding when you can make an uninsured motorist claim is critical to your case.
Can I file a UM claim if I was partially at fault?
Yes. Oklahoma’s comparative fault rules allow you to recover even if you bear some responsibility for the accident. Your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you can recover $80,000. An attorney can help present your case to minimize your assigned fault percentage and seek to maximize your potential recovery. Learn more about how fault is determined in a car accident in Oklahoma.
Does UM/UIM coverage apply to hit-and-run accidents?
Yes, if you have uninsured motorist coverage. Hit-and-run accidents are treated as uninsured motorist claims because the at-fault driver has no identifiable insurance. You must report the hit-and-run to the police and obtain a police report number. Your insurance company may require additional documentation, but your UM coverage may protect you even when the at-fault driver flees the scene.
What if my medical bills exceed my UM/UIM policy limits?
You may have several options. Some policies allow “stacking,” which means you can combine coverage from multiple vehicles or policies. You may also pursue a claim against the at-fault driver’s assets, though that is often difficult in practice. If your insurance company acts unfairly in handling your claim, such as denying coverage without a valid reason or refusing to negotiate in good faith, you may have a bad faith insurance claim against them. Abel Law Firm evaluates all available options to help you pursue the full benefits available under your coverage.
Call Abel Law Firm for Your Free Consultation
An accident with an uninsured or underinsured driver can create stress, medical bills, and uncertainty about your future. You shouldn’t have to handle this alone. Abel Law Firm has helped many injured Oklahomans recover compensation through UM/UIM claims. We understand Oklahoma law, our team knows how insurance companies operate, and we strive to help you pursue fair compensation.
Contact Abel Law Firm today for your free consultation. Call (918) 777-7046 to speak to an experienced Tulsa car accident lawyer. There’s no upfront cost, no obligation, and no risk. We only succeed when you recover compensation for your injuries. Let our experience and dedication work for you.
