SKIP TO CONTENTWhen another driver strikes your motorcycle, you expect their insurance company to pay for your expenses. But what happens when the other driver doesn’t have adequate insurance? In this case, you have a few options for pursuing compensation, and a motorcycle accident lawyer in Oklahoma can help you determine how to proceed.
Uninsured vs. Underinsured Motorists: What’s the Difference?
If a motorist is uninsured, they have no car insurance — even the minimum liability insurance that Oklahoma requires for all drivers. If a driver is underinsured, they will have some liability coverage, but it won’t be enough to pay for all their expenses.
Oklahoma requires all drivers to carry the following insurance coverage at a minimum:
- Bodily injury liability coverage: $25,000 per person and $50,000 per accident
- Property damage liability coverage: $25,000
Under Oklahoma law, insurance companies must also offer bodily coverage for uninsured motorists in the same amounts as bodily injury liability coverage. Uninsured coverage provides funds in an accident where the at-fault driver did not have adequate insurance. However, purchasing this coverage is not mandatory.
Seeking Compensation After an Underinsured Motorcycle Accident in Oklahoma
While seeking compensation after an accident involving an uninsured driver can be challenging, your motorcycle accident lawyer in Oklahoma will help you explore all your options.
File a Claim Up to the Driver’s Policy Limits
If the driver responsible for your motorcycle accident had any liability insurance at the time of the accident, you can consider filing a claim up to their policy limits. Drivers who only hold the minimum liability coverage can only provide up to $50,000 per accident for medical bills and $25,000 for property damage.
These minimums may sufficiently cover your expenses if your accident was relatively minor. If not, your motorcycle accident attorney can help you determine whether to file a claim up to the coverage limits and seek additional compensation through another method.
File Through Your Uninsured Accident Coverage
Do you have uninsured motorist coverage on your own insurance policy? If so, you can use this coverage to pay for your expenses after an accident that was not your fault.
Generally, uninsured motorist coverage is the only type that will pay for your expenses in this case. You can’t file a claim through your comprehensive auto coverage or another type of auto policy. Speak with your insurance company about whether you can claim a not-at-fault accident on your own insurance.
Take Legal Action Against the At-Fault Driver
In some cases, you may be able to secure compensation from an uninsured driver with the assistance of a motorcycle accident lawyer in Oklahoma. This would only be worth your time if the driver has assets you can claim through a lawsuit.
Personal injury lawsuits allow you to claim economic and non-economic damages, covering your direct and non-monetary expenses like pain and suffering. Your lawsuit likely won’t proceed to court; in most cases, motorcycle accident lawsuits end in a settlement.
When a driver fails to meet Oklahoma’s liability insurance laws, this is often because they cannot afford car insurance. In this case, they likely won’t have many assets up for grabs in a lawsuit, which could put you in a compromising position.
Your motorcycle accident lawyer in Oklahoma can help you understand whether filing a lawsuit makes sense in your case.
Contact Bryan Garrett, PLLC, for Assistance After an Uninsured Motorcycle Accident
Whether your motorcycle accident was a hit-and-run or involved a driver without adequate insurance, you may still have the opportunity to seek compensation. For a free consultation with a motorcycle accident lawyer in Oklahoma, contact Bryan Garrett, PLLC, today at (405) 972-6960.
