Understanding Uninsured and Underinsured Motorist Coverage
Uninsured motorist (UM) and underinsured motorist (UIM) coverage exists to protect you when the at-fault driver has no insurance or insufficient insurance to cover your damages. Under 36 O.S. § 3636, Oklahoma requires every automobile liability policy to include UM coverage unless the insured affirmatively rejects it in writing. This makes UM coverage one of the most common — and most misunderstood — forms of protection available to Oklahoma drivers.
A claim against your own coverage is still an insurance claim. The carrier may investigate the other driver’s fault and coverage, medical causation, the amount of damages, and compliance with the policy. Understanding those disputed issues early helps avoid preventable coverage and proof problems.
Mistake 1: Failing to Provide Timely Written Notice
Auto policies contain notice and cooperation provisions, but their wording and the consequences of delay vary. The safest course is prompt written notice in a form that creates a reliable record. A late notice can create a coverage dispute, although the result depends on the policy, the reason for delay, prejudice, and other facts.
A useful notice identifies the accident, the people and vehicles involved, the known liability coverage, and the injuries then known. The insured should keep the policy, the notice, proof of delivery, and the insurer’s response.
Mistake 2: Assuming Your Insurer Is on Your Side
The second and most damaging mistake is treating the UM/UIM claim as a cooperative process. Your insurer will assign an adjuster, request medical records, and ask for a recorded statement — all standard steps that appear helpful but are actually designed to build the insurer’s defense file against your claim.
A policy may require reasonable cooperation, including a statement or examination under oath. That does not mean every request is proper or unlimited. Before refusing or providing a recorded statement, review the policy and the request so that you do not give up protections or create an avoidable cooperation dispute.
Mistake 3: Poor Medical Documentation
UM/UIM adjusters scrutinize medical records with the same intensity as any third-party liability adjuster. Gaps in treatment, delayed initial evaluation, inconsistent symptom reporting, and failure to follow physician recommendations all provide ammunition for undervaluation. The insurer’s goal is to argue that your injuries are less severe than claimed, that treatment was excessive, or that the injuries pre-existed the accident.
The medical record should accurately reflect appointments, diagnostic studies, treatment, symptoms, and functional limitations. A complete record helps the parties evaluate causation, the severity of the injury, and the need for future care.
Mistake 4: Failing to Document Wage Loss and Economic Impact
UM/UIM claims include not only medical expenses but also lost wages, diminished earning capacity, and other economic damages. Many claimants fail to document these losses contemporaneously, leaving them to reconstruct financial impact months or years later — which the insurer will challenge as speculative.
From the first week after the accident, maintain records of: missed workdays and the reason for each absence; written work restrictions from treating physicians; communications with your employer regarding accommodations or leave; and pay stubs or tax records showing pre-accident earnings. Self-employed claimants should document lost contracts, canceled appointments, and reduced revenue with as much specificity as possible.
Mistake 5: Settling Before the Claim Is Fully Developed
UM/UIM insurers frequently make early settlement offers designed to close the file before the full extent of the claimant’s injuries and losses is known. An offer that seems reasonable at two months post-accident may be completely inadequate when the claimant later needs surgery, extended rehabilitation, or permanent work restrictions.
If a UM/UIM claim cannot be resolved through negotiation, the insured may file suit or, when the policy provides for it, use arbitration. Our attorneys organize the medical, wage-loss, coverage, and fault evidence needed for negotiation or litigation. Contact us for a free evaluation of your UM/UIM claim.