Uninsured/Underinsured Motorist Complaint

UNINSURED/UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Insurance Policy Identification
5. Facts of the Accident
6. Uninsured or Underinsured Status of Tortfeasor
7. Exhaustion of Tortfeasor's Coverage
8. Count I: UM Benefits Claim
9. Count II: Breach of Contract / Bad Faith
10. Damages
11. Stacking Provisions
12. Arbitration vs. Litigation
13. Prayer for Relief
14. Verification
15. Oklahoma Practice Notes

Caption

IN THE DISTRICT COURT OF [________________________________] COUNTY
STATE OF OKLAHOMA

[PLAINTIFF NAME],
Plaintiff,

v.

[INSURANCE COMPANY NAME],
Defendant.

Case No.: [________________________________]

Parties

1. Plaintiff, [PLAINTIFF NAME], is an individual residing at [________________________________], [________________________________] County, Oklahoma, and a person insured under the motor vehicle insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME], is an insurance company authorized to transact business in Oklahoma, with its principal office at [________________________________].

Jurisdiction and Venue

3. This Court has jurisdiction pursuant to 20 O.S. § 91.1 and the amount in controversy exceeds the jurisdictional threshold.

4. Venue is proper in [________________________________] County pursuant to 12 O.S. § 139, as the accident occurred in this county and/or the policy was delivered here.

Insurance Policy Identification

5. On or about [__/__/____], Defendant issued automobile liability insurance policy number [________________________________] to Plaintiff, effective from [__/__/____] to [__/__/____].

6. The policy provides uninsured motorist coverage with limits of $[________________________________] per person / $[________________________________] per accident, in compliance with 36 O.S. § 3636.

7. ☐ The insured did not reject UM coverage in writing; therefore, UM coverage attaches by operation of law.
   ☐ The insured affirmatively elected UM coverage at the stated limits.

8. Plaintiff has paid all premiums due and has complied with all policy conditions.

Facts of the Accident

9. On [__/__/____], at approximately [____] a.m./p.m., Plaintiff was operating/occupying a motor vehicle at or near [________________________________], [________________________________] County, Oklahoma.

10. At that time and place, a motor vehicle operated by [TORTFEASOR NAME] negligently caused a collision with Plaintiff's vehicle.

11. The tortfeasor's negligent acts include but are not limited to:
    - ☐ Failure to yield the right of way
    - ☐ Following too closely
    - ☐ Distracted driving
    - ☐ Driving under the influence
    - ☐ Exceeding the posted speed limit
    - ☐ Running a red light or stop sign
    - ☐ Improper lane change
    - ☐ Other: [________________________________]

12. As a direct and proximate result, Plaintiff sustained serious bodily injuries and damages.

Uninsured or Underinsured Status of Tortfeasor

13. The tortfeasor's motor vehicle qualifies as an uninsured motor vehicle because:
    - ☐ No automobile liability policy was in effect at the time of the accident
    - ☐ The tortfeasor's liability limits of $[________________________________] are less than Plaintiff's damages (functionally underinsured)
    - ☐ The tortfeasor's insurer has denied coverage or become insolvent
    - ☐ The tortfeasor is a hit-and-run driver whose identity is unknown

Exhaustion of Tortfeasor's Coverage

14. ☐ The tortfeasor carried no liability insurance; no exhaustion is required.
    ☐ The tortfeasor's liability policy limits of $[________________________________] have been tendered/exhausted.
    ☐ Plaintiff has provided notice to Defendant of the proposed settlement with the tortfeasor's insurer and obtained consent before settling.

Count I: UM Benefits Claim

15. Plaintiff incorporates all preceding paragraphs by reference.

16. Plaintiff is a person insured under the policy who is legally entitled to recover damages from the owner or operator of an uninsured motor vehicle because of bodily injury arising out of the ownership, maintenance, or use of such vehicle.

17. Pursuant to 36 O.S. § 3636, Defendant is obligated to pay UM benefits to Plaintiff.

18. Defendant has failed or refused to pay Plaintiff the full UM benefits owed under the policy.

Count II: Breach of Contract / Bad Faith

19. Plaintiff incorporates all preceding paragraphs by reference.

20. Defendant's failure to pay UM benefits constitutes a breach of the insurance contract.

21. ☐ Defendant has acted in bad faith by:
    - ☐ Unreasonably delaying investigation or payment of the claim
    - ☐ Denying the claim without a reasonable basis
    - ☐ Failing to effectuate a prompt, fair, and equitable settlement when liability was clear
    - ☐ Offering an unreasonably low settlement amount
    - ☐ Compelling Plaintiff to initiate litigation to recover amounts due
    - ☐ Other: [________________________________]

Damages

22. As a direct and proximate result of the accident, Plaintiff has suffered:
    - ☐ Past medical expenses: $[________________________________]
    - ☐ Future medical expenses: $[________________________________]
    - ☐ Past lost wages: $[________________________________]
    - ☐ Future lost earning capacity: $[________________________________]
    - ☐ Pain and suffering: $[________________________________]
    - ☐ Mental anguish and emotional distress: $[________________________________]
    - ☐ Disfigurement: $[________________________________]
    - ☐ Loss of enjoyment of life: $[________________________________]
    - ☐ Permanent impairment/disability: $[________________________________]
    - ☐ Other: [________________________________]

Stacking Provisions

23. Pursuant to 36 O.S. § 3636(G), policies issued, renewed, or reinstated after November 1, 2014, are not subject to stacking or aggregation of UM limits unless expressly provided for by the insurance carrier.

24. ☐ The policy was issued/renewed before November 1, 2014, and stacking may apply.
    ☐ The policy was issued/renewed after November 1, 2014, and anti-stacking provisions apply.
    ☐ The carrier expressly provides for stacking in the policy.

Arbitration vs. Litigation

25. ☐ The policy contains an arbitration clause; Plaintiff elects arbitration.
    ☐ The policy does not contain an enforceable arbitration clause; Plaintiff proceeds by civil action.
    ☐ Plaintiff elects to litigate notwithstanding any arbitration clause.

Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendant as follows:

1. Compensatory damages in an amount to be proven at trial for bodily injury, pain, suffering, and economic losses;
2. UM benefits up to the policy limits of $[________________________________];
3. Consequential damages resulting from Defendant's bad faith, if applicable;
4. Punitive damages for Defendant's bad faith conduct, if applicable;
5. Prejudgment and postjudgment interest as provided by law;
6. Attorney fees and costs of suit;
7. Such other and further relief as the Court deems just and equitable.

Verification

I, [PLAINTIFF NAME], being duly sworn, state that the facts set forth in this Complaint are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

Signature: [________________________________]

Subscribed and sworn to before me this [____] day of [________________________________], [____].

Notary Public: [________________________________]
My Commission Expires: [__/__/____]

Oklahoma Practice Notes

• Unified UM Statute: Oklahoma's 36 O.S. § 3636 encompasses both uninsured and underinsured coverage under a single "uninsured motorist" provision.
• Mandatory Unless Rejected: UM coverage is required unless the named insured rejects it in writing. Rejection must be knowing and voluntary.
• Anti-Stacking (Post-2014): Policies issued after November 1, 2014, prohibit stacking unless the carrier expressly provides for it. 36 O.S. § 3636(G).
• Statute of Limitations: Two (2) years for personal injury (12 O.S. § 95(A)(3)).
• Comparative Negligence: Oklahoma applies modified comparative negligence with a 51% bar (23 O.S. § 13).
• Bad Faith: Oklahoma strongly recognizes the implied duty of good faith and fair dealing. Bad faith claims may yield consequential and punitive damages.
• Consent to Settle: Obtain UM carrier's consent before settling with the tortfeasor's insurer to preserve the UM claim.
• Minimum Limits: $25,000/$50,000 bodily injury (47 O.S. § 7-204).

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Oklahoma attorney before filing. Verify all statutory citations against the current Oklahoma Statutes.