Broken Arrow Uninsured Motorist Accident Lawyer

Uninsured and Underinsured Motorist Accident Lawyer Broken Arrow, OK

If an uninsured or underinsured driver caused your accident in Broken Arrow, you’re facing a frustrating reality. You did everything right. You carried insurance. You followed the rules. And now the person who hit you doesn’t have enough coverage to pay for your injuries.

Oklahoma has one of the highest uninsured motorist rates in the country. Nearly one in four drivers on Oklahoma roads lacks adequate insurance. When one of them causes your accident, the path to compensation becomes complicated. But it doesn’t have to be a dead end.

Wandres Law has spent nearly two decades helping injured Oklahomans navigate complex insurance claims. Our attorneys have helped clients recover millions of dollars throughout the Tulsa metro, including cases involving uninsured and underinsured drivers. We understand how to maximize recovery through your own UM/UIM coverage when the at-fault driver can’t pay.

If a driver without adequate insurance left you with serious injuries and mounting bills, our Broken Arrow, OK car accident lawyer can help you find a path forward.

Why Choose Wandres Law for Uninsured Motorist Cases in Broken Arrow, OK?

Deep Understanding of Oklahoma Insurance Law

Uninsured and underinsured motorist claims differ significantly from standard liability claims. You’re filing against your own insurance company, not the at-fault driver’s insurer. Your insurer has different obligations, different tactics, and different incentives. They want to minimize payout just like any other insurance company, but they also have a contractual relationship with you that creates additional duties.

Firm Partner Patrick Wandres has handled UM/UIM claims in Oklahoma since 2006. He understands the nuances of Oklahoma insurance law, the coverage requirements, and the strategies insurers use to deny or undervalue claims. Patrick fights to ensure his clients receive the full benefits they paid for.

Patrick holds an AV Preeminent rating from Martindale-Hubbell, the highest peer review rating for legal ability and ethics. He has been named a Super Lawyer in personal injury for 12 consecutive years and recognized as a Top 100 Attorney by the National Trial Lawyers every year since 2012.

Results in Motor Vehicle Collision Cases

Our attorneys have secured significant recoveries for clients injured in car accidents in Broken Arrow and throughout Oklahoma. We obtained $750,000 in a motor vehicle collision case and $600,000 for a client who suffered rib fractures and neck strain. Another collision involving neck and back strain settled for $225,000.

Many of these cases involved pursuing recovery through multiple insurance policies when the at-fault driver’s coverage fell short. We know how to stack coverages and maximize compensation.

Fighting Your Own Insurance Company

Filing a UM/UIM claim means making a claim against your own insurer. That feels uncomfortable. You’ve paid premiums for years. You expect them to treat you fairly. But insurance companies are businesses. They employ adjusters and attorneys whose job is to minimize payouts.

We level the playing field. We document your injuries thoroughly, counter lowball valuations, and take your insurer to arbitration or court if necessary. Your policy is a contract. We enforce it.

Contingency Fee Representation

We handle uninsured and underinsured motorist cases on contingency. No upfront payment. No hourly fees. You pay nothing unless we recover compensation for you.

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“Wandres Law made what was a difficult time in my life much easier to handle. I appreciate the entire staff for their kindness, professionalism, and concern for my well-being. I highly recommend them!” — Caroline G.

Read more reviews on our Google Business Profile.

Types of Uninsured and Underinsured Motorist Cases We Handle in Broken Arrow

UM/UIM claims arise in various circumstances. The common thread is that the at-fault driver’s insurance, if any, cannot fully compensate your losses. Our firm handles all types of uninsured and underinsured motorist cases throughout the Broken Arrow area.

• Completely Uninsured Drivers. The driver who hit you has no insurance at all. Oklahoma law requires liability coverage, but nearly 24% of Oklahoma drivers ignore this requirement. When an uninsured driver causes your accident, your UM coverage steps in to provide compensation. This coverage exists precisely for this situation.
• Underinsured Drivers. The at-fault driver has insurance but not enough to cover your damages. Oklahoma’s minimum liability coverage is only $25,000 per person. A serious injury easily exceeds that amount. Your UIM coverage pays the difference between the at-fault driver’s limits and your actual damages, up to your own policy limits.
• Hit and Run Accidents. The driver who caused your crash fled the scene and cannot be identified. Your UM coverage applies to accidents caused by unknown drivers, treating them as uninsured. Hit and run accidents often require UM claims because the responsible driver is never found.
• Phantom Vehicle Accidents. Another driver forced you off the road without making contact, then disappeared. Your UM coverage may apply even without physical contact between vehicles, depending on policy language and circumstances. These cases require proving the phantom vehicle existed and caused your crash.
• Stolen Vehicle Accidents. Someone driving a stolen vehicle caused your accident. The vehicle owner’s insurance typically won’t cover accidents caused by thieves. Your UM coverage may provide recovery when the at-fault driver has no applicable insurance.
• Excluded Driver Accidents. The at-fault driver was specifically excluded from their household’s insurance policy. Their insurance won’t cover the accident, leaving them effectively uninsured. Your UM coverage fills the gap.
• Policy Lapse Accidents. The at-fault driver’s insurance lapsed for nonpayment before the accident. They thought they had coverage. They didn’t. Your UM coverage applies when the other driver’s policy wasn’t in force at the time of the crash.

Oklahoma Legal Requirements for Uninsured Motorist Claims

Oklahoma has specific laws governing UM/UIM coverage. Understanding these requirements helps you maximize recovery. A Broken Arrow car accident attorney experienced with insurance claims can guide you through the process.

Mandatory UM/UIM Offering

Under Oklahoma Statutes Title 36, Section 3636, every auto liability insurance policy issued in Oklahoma must include uninsured motorist coverage unless the insured specifically rejects it in writing. This means most Oklahoma drivers have UM coverage whether they realize it or not. The Oklahoma Insurance Department oversees insurance requirements and handles consumer complaints.

If you never signed a written rejection, you likely have UM coverage equal to your liability limits. We review your policy and any rejection forms to ensure you receive all available coverage.

Minimum Coverage Requirements

Oklahoma requires minimum liability coverage of $25,000 per person and $50,000 per accident for bodily injury. These minimums also apply to UM coverage unless you purchased higher limits. Many drivers carry higher UM limits, and your policy may provide more protection than you realize.

Stacking Coverage

Oklahoma law permits stacking UM coverage in certain circumstances. If you have multiple vehicles on one policy, you may be able to stack the UM limits for each vehicle. If you have multiple policies, such as separate policies for different vehicles, stacking may apply. Stacking can significantly increase available coverage. We analyze all your policies to identify maximum available limits.

Statute of Limitations

You have two years from the accident date to file a lawsuit under Oklahoma Statutes Title 12, Section 95. However, your insurance policy may impose shorter deadlines for providing notice or filing claims. We review your policy requirements and ensure all deadlines are met.

Exhaustion Requirements

Before your UIM coverage applies, you typically must exhaust the at-fault driver’s liability limits. This means accepting their policy maximum. Your insurer then pays the difference between that amount and your damages, up to your UIM limits. Strategic handling of the liability settlement protects your UIM claim. Understanding how UM coverage works is critical to maximizing recovery.

Bad Faith Claims

Oklahoma recognizes insurance bad faith claims when insurers unreasonably deny or delay legitimate claims. Under Title 36, Section 3629, insurers must deal fairly with their policyholders. If your insurer acts in bad faith by unreasonably denying your UM claim, you may be entitled to additional damages beyond policy limits. The Oklahoma Supreme Court has established standards for bad faith claims against insurers.

What Damages Are Recoverable in Broken Arrow Uninsured Motorist Cases?

UM/UIM coverage compensates you for the same damages you could recover from the at-fault driver, up to your policy limits. Oklahoma law allows comprehensive recovery.

Economic Damages

These include your measurable financial losses: emergency care, hospitalization, surgery, diagnostic imaging, physical therapy, medications, assistive devices, and future medical treatment. Lost wages cover income missed during recovery and diminished earning capacity if injuries prevent returning to previous employment. Property damage may be covered under separate uninsured motorist property damage coverage or collision coverage.

Uninsured driver accidents often involve serious injuries because many uninsured drivers also engage in other risky behaviors like speeding, impaired driving, or distracted driving. We document the full extent of medical expenses including projected future care needs.

Non-Economic Damages

UM/UIM coverage compensates for harm without price tags: physical pain, emotional distress, mental anguish, loss of enjoyment of life, disfigurement, and loss of consortium. These damages are recoverable under your UM policy just as they would be in a claim against the at-fault driver.

Oklahoma does not cap non-economic damages in most personal injury cases. However, your recovery cannot exceed your policy limits. Carrying adequate UM/UIM coverage protects your ability to recover fully for serious injuries.

Limits on Recovery

Your UM/UIM recovery is capped by your policy limits. If you have $100,000 in UM coverage and $150,000 in damages, you can only recover $100,000 from your UM policy. This underscores the importance of carrying adequate coverage limits.

For underinsured motorist claims, your recovery equals the difference between your damages and the at-fault driver’s payment, up to your UIM limits. If you have $100,000 in damages, the at-fault driver pays their $25,000 limit, and you have $100,000 in UIM coverage, you can recover an additional $75,000 from your own policy.

Understanding what your claim is worth helps ensure you pursue all available coverage and don’t settle for less than you deserve.

Contact Wandres Law

You paid for uninsured motorist coverage hoping you’d never need it. Now you do. Your insurance company should honor its contract. When they don’t, we hold them to it.

Our Broken Arrow uninsured motorist accident attorneys offer free consultations to review your coverage, evaluate your claim, and explain your options. We handle these cases on contingency. No upfront costs. No fee unless we recover for you.

Contact us today to discuss your uninsured or underinsured motorist case with a car accident lawyer in Broken Arrow, OK.