Can I File a Lawsuit Against an Uninsured Motorist in Oklahoma City?
When you are involved in an accident in Oklahoma, one thing that you can usually take comfort in is the fact that if you were not at fault for the crash, you can file a claim with the other driver’s liability insurance for your damages.
But what if the other driver doesn’t have insurance? What are other recovery options available? Can you file a lawsuit against the uninsured motorist?
Why Filing a Lawsuit Isn’t Always the Best Idea
Filing a lawsuit against an insured driver is certainly an option, but it may not be the best idea. This is because not only is filing a lawsuit time consuming and potentially expensive, but the whole point of the suit is to recover financial compensation for your losses. Unfortunately, even if you win the lawsuit, the uninsured motorist may not have the economic ability to pay your suit (lawsuits are typically paid out by insurance companies). The fact that the driver didn’t purchase insurance in the first place isn’t a good sign and could be indicative of the fact that they do not have assets or income to pay for your damages.
Filing a Claim with Your Own Uninsured Motorist Policy
Rather than filing a lawsuit against the at-fault driver after a crash with an uninsured motorist, filing a claim with your own uninsured motorist policy may be the wiser idea. While you are not required to carry this type of coverage in Oklahoma, most drivers do as insurance companies are required to offer it with every policy, as explained by OK.gov. Uninsured motorist coverage will pay for injuries incurred by you, members of your family, or your passengers after a car accident caused by someone who is underinsured or uninsured, or a hit and run driver.
Keep in mind that uninsured/underinsured motorist coverage does not pay for any damages sustained to your vehicle. For this, you will need to turn to your collision coverage, if you carry it.
Working with an Experienced Uninsured Motorist Attorney in Oklahoma
At the Owens Law Office, PC, we know that being in a crash is in itself unsettling. If you find out that the other driver doesn’t have insurance to pay for your damages, you may be even more upset and unsure of what will happen next.
When you call our law offices, we will immediately get to work exploring different sources of recovery, and whether or not filing a lawsuit against the at-fault driver is a smart idea. To learn more, contact us today for a free consultation.