The state of Oklahoma is trying to improve the number of drivers in the state who carry mandatory liability insurance. Since a state law requiring such coverage is apparently not enough, a committee of the state’s House of Representatives has voted to prohibit uninsured drivers from being allowed to sue for vague “pain and suffering” damages after they’re in an accident.
Speaking about this issue, state Representative George Faught (R – Muskogee) said, “There have to be greater consequences for uninsured drivers. If you or I are hit by an uninsured driver, there’s no insurance company to pay our actual losses, let alone ‘pain and suffering’ claims. Why should those same uninsured drivers be treated better than law-abiding citizens in a court of law?”
Under Faught’s new bill, House Bill 1045, the “maximum amount” an uninsured driver would be allowed to receive in a post-accident lawsuit would be limited to the “…amount of medical costs, property damage, and lost income.”
The bill would prevent uninsured motorists from suing for non-specific “pain and suffering” awards that so often result in huge settlements, though there are exemptions for uninsured drivers being hit by drunk drivers, or for when they’re passengers in someone else’s car during a wreck. It is felt that this prohibition could reduce the cost of auto insurance in Oklahoma.
Several official estimates over recent years have pointed to Oklahoma as having one of the highest rates of uninsured motorists in the United States.
Faught addressed this, saying, “We currently require drivers to carry liability insurance so they can pay for any damages they cause in an accident, but the law has no teeth. As a result, uninsured drivers get to bypass premiums, avoid liability, and still collect large awards if they are in an accident.” He added, “It’s time we made the system favor law-abiding citizens more than people who break the law.”
House Bill 1045 now moves to the floor of the Oklahoma House of Representatives for debate, amendments and a vote.