What Should I Do When The Other Driver Is Uninsured?
If you’ve been involved in a motor vehicle accident where the other driver did not have Liability Insurance, or did not have enough Liability Insurance, then you are entitled to make a UM claim and have your UM insurer promptly investigate and promptly pay the claim.
If your UM carrier denies or delays your UM claim; the pain, frustration, and loss you’ve experienced from this one accident multiplies. After all, you paid monthly premiums to your UM carrier to cover the very loss that you just experienced, and your insurance company is not handling your claim reasonably or promptly—this may be considered Bad Faith.
We have seen far too many people get shamelessly taken advantage of by their insurers. Having witnessed this injustice, we continue to fight tenaciously and tirelessly for folks’ rights until we’ve secured the compensation they deserve – unhindered by the agendas of the big insurance conglomerates.
The team at Rode Law Firm has over 30 years of experience in challenging insurance companies who failed to promptly investigate and promptly pay their insured.
Call Rode Law Firm at (918) 599-8880 for your free consultation today. We’ll review the facts of your case and see how we can best help you get on your road to physical, financial, and emotional recovery!
It’s safe to say that nobody wants to be involved in a car accident. However, if you’re involved in an accident in which the driver responsible is uninsured or underinsured, you might feel an even greater anxiety as you wonder who is going to compensate you for your personal injury, medical bills, lost wages, loss of earning capacity, etc.
When your own UM Carrier does not pay the damages it owes you, your frustration and anxiety skyrocket. In cases where the UM Carrier is violating duties it owes you, you may also have a claim against your UM Carrier for the tort of Bad Faith.
If you or a loved one believe you might have a UM bad faith claim on your hands, you can trust that we’ll fight for your rights.
Call the Rode Law Firm at (918) 599-8880 for your free consultation today. We’ll review the facts of your case and see how we can best help you get on your road to physical, financial, and emotional recovery!
A Primer to UM Coverage & UM Bad Faith Claims
How does a UM policy come to be?
To answer this question, we must first note that an Automobile Liability Policy is a contract between the Insured and the Insurance Company, which in its simplest form, contains the Insurance Carrier’s promise to pay (up to policy limits) damages or losses to others caused by the Insured/Tortfeasor/at-fault driver. In Oklahoma, Automobile Liability coverage is required by law (i.e., Mandatory or Compulsory) and the minimum coverage required is 25/50/25.
When you purchase an automobile Liability Policy in Oklahoma, the Insurance Company offering you the Policy/Contract is required, by law, to offer you Uninsured/Underinsured (hereinafter "UM") coverage in writing. 36 O.S. 3636. UM coverage is one of the most economical coverages you can buy, and it is highly recommended that you purchase UM Coverage in the same amount of your Liability Coverage.
Some General Terms:
The terms Insurance “Company” and Insurance “Carrier” are used interchangeably, and the Company “carries” the policy or coverage, which covers (i.e., pays for) the loss or damages. The shorthand reference to an Insurance Company that issues a Liability Policy is the “Liability Carrier”; the shorthand reference to an Insurance Company that issues a Med Pay Policy is the “Med Pay Carrier”; and the shorthand reference to an Insurance Company that issues a UM Policy is the “UM Carrier”.
What Is the Um Policy and When Does It Apply? Who Is Covered and What Damages Are Covered?
When you buy UM coverage from an Insurance Company (i.e., your UM Carrier), the policy or contract provides that you will pay monthly premiums and in exchange, if or when a certain foreseeable loss occurs, you can then make a claim under the Policy/Contract, and the Insurance Carrier will promptly investigate and pay damages (i.e., cover damages) up to the limits of the Policy/Contract. In other words, you are buying coverage in case a specific, foreseeable event or loss occurs to prevent financial hardship.
A UM policy covers bodily injury damages of insureds where the at-fault driver has no liability coverage (i.e., uninsured) or where the value of the injury claim exceeds the at-fault driver's liability limits (i.e., underinsured).
UM coverage provides benefits for the “named insured” on the policy and “relatives” (by blood, or marriage or adoption) who “live in the same household” as the named insured. Stated differently, UM Coverage affords benefits to the named insured and his/her resident relatives. Also, children who go away for college or the military are considered residents of the parents’ homes, and where the parents are divorced, the child can be a resident of both parents.