Uninsured driver? Someone hits you? You can't collect for pain and suffering:

[The Straight Story]

The new measure (SB272), which was signed into law by Governor Mary Fallin in May, limits the amount that uninsured drivers can recover in most accidents. Those drivers who are already in compliance with the state's mandatory auto insurance laws will not be immediately impacted by the new regulation, though the hope is that the incidents where law-abiding citizens are involved in accidents with uninsured drivers will be reduced with the implementation of this new law.

"We believe this new law will help stabilize insurance rates for all drivers in Oklahoma by encouraging more drivers to comply with the state's auto insurance laws," said John Lucido, state executive director in Oklahoma for Farmers Insurance.

Even with the new law, automobile drivers who are involved in an accident which they did not cause, will be eligible to recover the costs of medical care, property damage and lost income resulting from the accident.

However, uninsured drivers, or those drivers who are not in compliance with the state's mandatory auto insurance laws, will not be able to also collect any "pain and suffering" damages which may have resulted from an accident. While there are exceptions to this requirement, such as when the injury is caused by a driver who was under the influence of alcohol or drugs, the new law is expected to reduce "pain and suffering" awards in the state, with the hope that this will encourage more Oklahomans to comply with the law to have, at a minimum, auto liability coverage on all their vehicles. It is currently estimated that 25% of Oklahomans are not complying with this law.

http://www.marketwatch.com/story/farmers-insurance-reminds-oklahomans-that-a-new-law-effective-november-1-will-have-dramatic-impact-on-all-drivers-in-the-state-2011-10-27

[yawnmaster]

1. My first impression is that I have no problem with this. Mandatory insurance means...

one shouldn't drive without insurance.

[doc03]

2. Sounds reasonable to me. I have to carry insurance to

protect me from uninsured motorists why should I have to pay for their pain and suffering?

[ret5hd]

3. uhhhmmm...because (in this instance) you hit them.

would you have us believe you wouldn't have hit them if they had insurance?

[doc03]

4. If I hit them wouldn't it be my fault and my insurance would

cover that.

[ret5hd]

6. re-read it.

a non-fault uninsured driver can't collect pain and suffering.

[doc03]

8. Why should he, he shouldn't be driving without insurance?

F--- him.

[ret5hd]

9. yeah, i get that. really. on one level anyway.

on another level, i don't think that one persons action (or lack of, in this case) that has absolutely nothing to do with an accident that was caused by another person should have any bearing on the compensation the person gets. It's not like the accident wouldn't have happened if the person had insurance.

[doc03]

11. What about uninsured motorists that go out and set a

person up for an accident to collect insurance, like stopping dead in front of you for no reason? That's what some people do for a living. The way I see it that is why they are doing this.

[high density]

5. Now this law provides even more incentive for one to have insurance

They're called accidents for a reason.

[ret5hd]

7. yeah, but most "accidents" have a cause, like...

texting
dropping a cig
falling asleep
etc

[robinlynne]

10. uninsured drivers shouldn't receive anything. They are putting others at risk.

[taught_me_patience]

12. no insurance = no driving period

I've been a victim of an uninsured driver. Now I have to pay an extra $100/yr for uninsured driver insurance and it really pisses me off.