Because Oklahoma is a tort state, when a person causes a car accident, that person is responsible for paying for any resulting damages. However, what happens when the liable party does not have motorist coverage? Who pays for damages, then?
If you or a loved one was involved in a motor vehicle accident caused by an uninsured motorist, you are likely asking yourself this very question. Who will pay for your damages, and is there any way to hold the liable party accountable? A dedicated Ponca City uninsured motorist accident lawyer at BDIW Law is prepared to help you answer these questions and do what we can to help you recover compensation for your losses.
Uninsured Motorist Coverage Requirements
The Sooner State is one of many states that does not require its drivers to carry uninsured motorist coverage. However, Oklahoma law does require carriers to offer policyholders the option to purchase uninsured motorist coverage.
If you turned down this add-on coverage, it is unlikely you will get your insurance provider to agree to pay for any of the damages you sustained in the accident. However, if you opted to pay for the additional coverage, your insurance provider may be on the hook for some expenses.
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SPEAK TO AN ATTORNEY TODAYWhat Uninsured Motorist Coverage Covers
Unfortunately, because uninsured motorist coverage is an add-on policy, it does not cover much. For instance, it does not cover damage to your car. However, it does cover the cost of personal injury to you, your family, resident members, or other injured occupants of your vehicle.
If you do wish to have your insurance company cover the cost of vehicle repairs, you must have collision coverage. If you have liability only, your insurance provider is not required to foot the bill for damages caused by an uninsured or hit-and-run driver.
Your Options if You Do Not Have UM
When you do not have uninsured motorist coverage as part of your personal auto insurance policy, figuring out your next steps can be challenging. This is especially true if the driver that hit you fled the scene. Once law enforcement and your Ponca City uninsured motorist accident attorney identify the driver that hit you, we can determine which legal options are available.
If the driver that hit you has the means to compensate you for your losses, it may be in your best interests to file a personal injury claim against them in civil court. This way, you can get the judge to return a verdict in your favor. If the driver that hit you hopes to avoid ending up in court, they may be willing to settle your case outside of court. You can discuss your options in greater detail when you discuss the specific circumstances of your case with your attorney.
How to Prove Fault in an Uninsured Motorist Car Accident Claim
Just because you are involved in a collision with an uninsured driver does not necessarily mean the driver is responsible for causing the accident. For this reason, you can rely on your car accident attorney to conduct an in-depth investigation into the cause of the accident.
We must prove liability based on a preponderance of the others for your claim to be successful. When you file your uninsured motorist accident claim with the civil court system or insurance company, the evidence must convince them that the defendant is likely at fault for the accident. Some of the most valuable types of evidence that should be utilized include:
- The defendant’s cell phone records
- Photos of your injuries
- Dashcam footage
- Traffic cam video
- Witness statements
- Reports from accident reconstructionists
- Police records
- Drunk driving test results
- Data obtained from vehicle black boxes
- Copies of your personal auto insurance policy
Retain the Help of a Uninsured Motorist Accident Attorney in Ponca City, OK
As we already mentioned, you may have limited options if you do not have uninsured motorist coverage. However, even if you do have UM coverage, you may still have an uphill battle to fight with your insurer, who will likely be less than pleased to pay out a claim on another driver’s behalf.
An experienced uninsured motorist accident lawyer in Ponca City, OK at BDIW Law can help you explore your options and pursue the best one. Contact our law firm today by phone or through our online contact form to learn more.
