What Happens If The Other Driver Doesn’t Have Insurance After An Indiana Car Accident?

You expect other drivers to carry insurance. Indiana law requires motorists to maintain minimum liability coverage, but that doesn’t mean everyone follows the law. Indiana currently requires minimum liability limits of $25,000 for one person’s bodily injury or death, $50,000 for injuries or deaths involving two or more people, and $25,000 for property damage. If you are a Florida client of ours, there are no mandatory liability limits.

So, what happens if an uninsured driver hits you?

You may still have options for recovering compensation. Your own auto insurance policy could provide an important source of coverage, uninsured motorist coverage, and an attorney can help you determine what other avenues may apply.

How Uninsured Motorist Coverage Works In Indiana

Uninsured motorist coverage in Indiana protects you when an at-fault driver doesn’t carry liability insurance.

Indiana requires insurers to include uninsured and underinsured motorist coverage in newly written auto liability policies unless the policyholder rejects that coverage in writing.

The Indiana Department of Insurance lists minimum uninsured motorist bodily injury coverage at $25,000 per person and $50,000 per accident, along with $25,000 in property damage coverage.

If an uninsured driver causes an accident that injures you, you may file a claim with your own insurance company for covered losses.

Don’t assume your insurance company will automatically pay everything you request, though. Your insurer may investigate fault, the extent of your injuries, your medical expenses, and other aspects of your claim before offering compensation. They may be your insurer, but it is still their job to save their company money if they’re able to do so.  

What If the Driver Has Insurance, But It Isn’t Enough?

An underinsured driver has liability insurance, but their policy limits don’t provide enough coverage for the losses resulting from the accident.

For example, a serious accident could leave you with medical expenses and other damages that exceed the at-fault driver’s liability limits.

That’s where underinsured motorist coverage comes into play.

Indiana insurers generally must offer underinsured motorist coverage, and state law requires insurers to make at least $50,000 in bodily injury coverage available unless the insured rejects the coverage in writing.

Indiana law also limits how much an insurer may owe under uninsured or underinsured motorist coverage based on factors that include your coverage limits, total damages, and amounts others have already paid.

What Compensation Can You Pursue?

The compensation available after an accident depends on your injuries, losses, insurance policies, and the facts surrounding the crash. Your car insurance policy details matter. Coverage limits, exclusions, deductibles, and other terms can affect what your insurer will pay.

Depending on your situation and available coverage, your claim may involve losses such as:

• Medical expenses
• Lost wages
• Reduced earning ability
• Vehicle and property damage
• Pain and suffering
• Other accident-related losses

Can You Sue An Uninsured Driver?

Yes. You have the option to pursue a personal injury claim directly against the at-fault driver.

However, winning a case and collecting compensation aren’t always the same thing. An uninsured driver may lack the income or assets necessary to pay a judgment.

That doesn’t mean you should immediately rule out a claim. An attorney can investigate the driver’s circumstances, review your insurance coverage, and identify other parties who may share responsibility for the crash.

Depending on how the accident happened, another person or business could potentially bear some responsibility. Every accident presents different facts, so it’s important to investigate before deciding which sources of compensation may exist.

Always Talk To An Attorney Before Accepting A Settlement

Dealing with your own insurance company can feel less intimidating than dealing with someone else’s insurer. However, your insurer still has an interest in controlling what it pays on your claim.

Before accepting a settlement, make sure you understand your injuries, potential future expenses, available coverage, and what rights you may give up by settling.

The Law Office of Travis J. McConnell can review your accident, examine the available insurance policies, and help you understand your options for pursuing compensation.

If an uninsured or underinsured driver injured you in Indiana, contact us today to discuss your case and your options.

Frequently Asked Questions

Does Indiana require uninsured motorist coverage?

Indiana insurers generally must include uninsured and underinsured motorist coverage when issuing an auto liability policy unless the policyholder rejects the coverage in writing.

What’s the difference between uninsured and underinsured motorist coverage?

Uninsured motorist coverage can apply when the at-fault driver doesn’t have insurance. Underinsured motorist coverage can apply when the driver has insurance, but the available liability coverage doesn’t adequately cover your damages.

Will my insurance rates increase if I file an uninsured motorist claim?

The answer depends on your insurer, policy, accident circumstances, and applicable law. Ask your insurer how a claim may affect your policy, and consider talking with an attorney before making decisions about your claim.

Can uninsured motorist coverage pay for damage to my car?

It may. Indiana law provides for uninsured motorist property damage coverage, subject to specific policy terms and legal requirements. Indiana law also places particular requirements on property damage claims, including identifying the at-fault driver.

What should I do after an accident with an uninsured driver?

Report the accident, seek appropriate medical care, document the scene and your losses, notify your insurer, and keep copies of relevant records. You can also speak with an attorney to determine which insurance coverage and other sources of compensation may apply.