Uninsured driver

Hit by an uninsured driver in Oklahoma City: first steps

By Jason Hicks

Short answer

Short answer. Oklahoma requires "every owner of a motor vehicle registered in this state" to "maintain in force" liability security (47 O.S. § 7-601), but some don't. If an uninsured driver hit you, get their information, a police report and medical care, and notify your insurer; uninsured motorist (UM) coverage may pay unless it was rejected "in writing" (36 O.S. § 3636(G)).

Source: 47 O.S. §7-601, Liability Requirements - Proof of Compliance - Nonresidents ; 36 O.S. §3636, Uninsured Motorist Coverage

This page covers the first days after the crash. For coverage questions, such as reading your declarations page, a denial, or a proposed payment, see uninsured motorist claims.

At the scene: when the other driver says "no insurance"

  1. Call police. In a crash that injures or kills someone or damages a vehicle someone is driving or attending, each driver must give their name, address and vehicle registration number, show their driver license and security verification form on request, and give reasonable assistance to anyone injured (47 O.S. § 10-104). If anyone is hurt or killed, the driver must also report the crash to police immediately, "by the quickest means of communication" (47 O.S. § 10-107). A police report records the other driver's name, vehicle and any citation.
  2. Get the driver's name, license, plate and the vehicle owner's name. The owner may not be the driver, and the owner's policy may matter.
  3. Photograph the other car, the plate and any insurance card shown, even an expired one.
  4. Don't accept a cash deal at the scene in place of a report.
  5. UM coverage also covers hit-and-run vehicles (36 O.S. § 3636(B)).

Sources: 47 O.S. § 10-104, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=82248 ; 47 O.S. § 10-107, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=82251

What happens to the uninsured driver

Driving without required insurance is a misdemeanor in Oklahoma. It is punishable by a fine of up to $250, up to 30 days in jail, or both, plus suspension of the driving privilege. An officer may also have the vehicle towed (47 O.S. § 7-606(A)(1)). Those penalties don't pay your bills. The driver may still be personally responsible for the harm caused, but collecting from an individual can be hard. That's why your own coverage matters.

Sources: 47 O.S. § 7-601, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=82225 ; 47 O.S. § 7-606, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=82234 (read on OSCN 2026-10-28)

The first week: medical care, notice and records

How UM coverage fits, in brief

Oklahoma auto liability policies must include UM coverage for people insured under the policy who are "legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness or disease, including death resulting therefrom" (36 O.S. § 3636(B)). The named insured can reject it in writing (§ 3636(G)). "Uninsured" also covers a driver whose insurer is insolvent or whose limits are "less than the amount of the claim" (§ 3636(C)). There are exclusions. For example, there is no coverage while you're in a household vehicle that isn't insured (§ 3636(E)).

Because a UM claim is made against your own insurer, the other driver's fault still has to be shown. Oklahoma compares fault, and your share reduces any recovery (23 O.S. §§ 13–14). Section 13 reads: "In all actions hereafter brought, whether arising before or after the effective date of this act, for negligence resulting in personal injuries or wrongful death, or injury to property, contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage, or unless any negligence of the person so injured, damaged or killed, is of greater degree than the combined negligence of any persons, firms or corporations causing such damage." Section 14 adds: "Where such contributory negligence is shown on the part of the person injured, damaged or killed, the amount of the recovery shall be diminished in proportion to such person's contributory negligence" (23 O.S. § 14). For the coverage questions in detail, see uninsured motorist claims. For how fault is argued, see who is at fault after an Oklahoma car accident.

Sources: 36 O.S. § 3636, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=87144 (read on OSCN 2026-10-28) ; 23 O.S. § 13, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71131 ; 23 O.S. § 14, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=71132

If the other driver had some insurance, but not enough

If the other driver's limits are less than your claim, Oklahoma's UM law can still count that driver as "uninsured," and there is a certified-mail notice step to your UM insurer before you accept their limits (36 O.S. § 3636(C), (F)).

See what to do next if the other driver's limits are less than your claim.

Source: 36 O.S. § 3636(F), https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=87144

What to avoid in the first days

  • Don't give a recorded statement to any insurer before you know what's covered. See insurance calls after a wreck.
  • Don't sign a release or cash a check without knowing what it settles.
  • Don't assume "no insurance" is final. Another policy, such as the vehicle owner's or a household policy, may exist.

How many Oklahoma drivers are uninsured?

About 11.8% of Oklahoma drivers were uninsured, according to an Insurance Information Institute estimate for 2022, as cited by the Oklahoma Insurance Department (https://oid.ok.gov/getready3_2025/, accessed 2026-10-28). The Department also says Oklahoma's percentage of uninsured motorists "is among the highest in the nation." Both are estimates, not a count, and no Oklahoma City figure was found.

Sources: Insurance Information Institute estimate for 2022, as cited by the Oklahoma Insurance Department, "Tips to Drive Down Auto Insurance Costs" (Mar. 31, 2025), https://oid.ok.gov/getready3_2025/ (accessed 2026-10-28) ; Oklahoma Insurance Department, "Uninsured Motorist," https://www.oid.ok.gov/uninsured-motorist/ (accessed 2026-10-28)

Deadlines

Most Oklahoma injury lawsuits must be filed within two years (12 O.S. § 95(A)(3)). Your UM policy may also set its own notice and claim terms, and a UM claim's deadline may be measured differently. See Oklahoma car accident deadlines.

Source: 12 O.S. § 95, https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439150

Common questions

What do I do if I'm hit by a driver with no insurance in Oklahoma?

Call police, get the driver's and owner's information, get medical care, and notify your own insurer. Your UM coverage may apply (36 O.S. § 3636).

Is it illegal to drive without insurance in Oklahoma?

Yes. It's a misdemeanor, with a fine of up to $250, up to 30 days in jail, or both, plus license suspension (47 O.S. § 7-606).

Does my uninsured motorist coverage pay for my car?

This page and § 3636(B) address bodily injury. Vehicle damage depends on your policy's other coverages. See property damage and rental cars.

Can I sue the uninsured driver?

You may be able to, but collecting from an individual can be hard. A lawyer can explain the options.

What to do next: see Oklahoma City car accident questions and next steps.

Information, not legal advice. Every crash is different.

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