A driver without a license could put your Oklahoma car accident claim at risk
Being involved in a car accident is already a devastating experience, so it is frustrating to learn that the motorist responsible for hitting you is not legally authorized to drive. The Oklahoma Department of Public Safety (DPS) and the equivalent authorities in other US states cancel licenses for a variety of reasons, as driving is a privilege – not a right. Persons convicted of DUI will face a suspension or revocation of their driver’s license while accumulating too many points for traffic tickets is also a factor. Plus, some people just do not obey the law and allow their licenses to expire.
You are probably wondering how a lack of a driver’s license affects your rights after an auto crash. The implications vary according to your circumstances but rest assured that legal remedies are available. A Tulsa, OK car accident attorney can explain in more detail, but knowing what to do under the circumstances is useful.
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The circumstances may be unusual, but you should still go through the same steps you would with any traffic accident.
- Call 911 to get first responders on the way.
- Exchanging driver’s license information is not an option but try to obtain the at-fault driver’s contact information from other verified sources. You should also jot down the license plate number.
- If you are not transported for care by first responders, go to the ER or an urgent care center for treatment right away.
- Use your cell phone to take pictures of the scene, damage to vehicles, and other relevant details.
Filing an Insurance Claim
The other motorist may not have a valid driver’s license, but they might still carry an auto insurance policy for purposes of liability. If so, you can file a claim for monetary damages. The process generally works as follows:
- You must complete all claims forms and submit supporting documentation, including medical records, evidence of fault, and other relevant details.
- The insurer will conduct its own investigation, which usually results in a denial or a lowball counteroffer.
- If the insurance company will not pay fair compensation, you will need to take the case to court.
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If the driver who hit you has no valid driver’s license and no insurance, you might seek monetary damages through your insurer. When purchasing your policy, you had the option of adding on uninsured and underinsured motorist coverage. Your insurance may pay for monetary damages if you carry UM/UIM.
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A final and very important tip on what to do after being hit by a person without a driver’s license is retaining legal representation. For more information on how we can help with your options, please contact Boettcher, Devinney, Ingle & Wicker. We can set up a no-cost case evaluation with an experienced Oklahoma auto collision attorney.
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