Indiana Uninsured Driver Accident Claims Lawyers
According to a 2021 study issued by the Insurance Research Council, one in eight motorists in the United States is driving without insurance. Countrywide, 12.6 percent of drivers have no insurance, while approximately 15.8 percent of drivers are violating insurance laws in Indiana. If you are involved in a car accident in Indiana, there is a decent chance the other driver won’t be insured. If that happens, contact one of our Indiana uninsured driver accident claims lawyers to protect your rights.
In Indiana, all drivers must carry minimum liability coverage or provide proof to the Indiana Bureau of Motor Vehicles that they can pay compensation to an injured motorist in the event of an accident. Unfortunately, many drivers don’t follow these legal requirements, which can leave injured parties unable to pay mounting medical bills and household expenses that can add up quickly if they are unable to work.
If you were injured in an accident with an uninsured driver, you may be able to recover payment for your medical expenses and other costs. However, the process is not simple. A qualified Indiana uninsured driver accident claims attorney from Indianapolis Injury Lawyers can evaluate your case and provide valuable advice to help you recover the compensation you deserve.
Our Indiana Uninsured Driver Accident Claims Lawyers Can Explain the Law and Your Options
Indiana Code § 9-25-4-5 requires all Indiana drivers to carry certain minimum levels of insurance in case of an accident. Further, all new auto insurance policies must also offer uninsured and underinsured motorist coverage. Overall, every Indiana car must have insurance liability coverage in these minimum amounts:
- Bodily injury or death – $25,000 for a single injured person or $50,000 for two or more per accident
- Property damage – $25,000 per accident
- Uninsured motorist for bodily injury – $25,000 per person and $50,000 per accident
- Uninsured motorist for property damage – $25,000 per accident
- Underinsured motorist for bodily injury – $50,000 per person and $50,000 per accident
All new insurance policies must offer these minimum liability coverage amounts or more. Policyholders can refuse coverage for uninsured and underinsured motorists, but the rejection must be in writing. As Indiana uninsured driver accident claims lawyers, we highly recommend you accept and maintain uninsured coverage to protect yourself and your family from the large percentage of uninsured drivers on our roadways today,
While most drivers maintain the required coverage, an alarming number fail to fulfill this duty. Lack of insurance can have devastating personal injury consequences for accident victims, especially without uninsured/underinsured motorist coverage. Depending on your particular circumstances, an Indiana uninsured driver accident claim lawyer may be able to help you seek compensation from an uninsured at-fault driver.
Can You Bring a Claim Against Your Uninsured/Underinsured Policy?
One of the best ways to protect yourself from uninsured drivers is to include uninsured motorist coverage on your personal vehicle policy. In case of an accident with an uninsured driver, this coverage may pay your medical bills, lost wages, property damage, and other compensation like pain and suffering caused by the accident. It will also cover your passengers if they were injured by the uninsured driver. Uninsured driver coverage may also pay you in the event of a hit and run accident.
Your first priority should be obtaining the medical care you need. But it is also important to call the police to file an accident report. This report—and any resulting police investigation—may help support your claim. If you were involved in an accident with an uninsured motorist, you can file a claim with your own insurance company to recover compensation for your expenses if you have uninsured motorist coverage. These types of claims are handled in essentially the same way as a liability insurance claim, allowing you to recover from your own insurance company if you can prove:
- Another (uninsured) driver caused the accident
- You were injured in the collision
- The money you are requesting is related to the accident.
Insurance companies don’t automatically pay out uninsured motorist claims, so if your insurance company refuses to pay your claim, count on our team of Indiana uninsured driver accident claim attorneys to help you successfully negotiate with your insurer.
What About Suing an Uninsured Driver For Damages?
If you don’t have uninsured motorist coverage, or if your coverage is insufficient to pay for your losses, you may need to file a lawsuit to recover a money judgment from the at-fault party in court. Unfortunately, these kinds of claims can be difficult to pursue. Many drivers who are unwilling or unable to pay for required liability insurance often don’t have enough assets to pay a court-ordered judgment either.
Before you consider suing an uninsured driver for damages, it is critical to speak with an Indiana uninsured driver accident claims attorney.
Indiana’s No Pay, No Play Law
In 2015, Indiana passed a statute called the no pay, no play law. Normally, if you are not at fault for an accident, you have the right to recover damages from the person who was at fault. However, under Indiana Code chapter 27-2-5.1, if you are an uninsured driver at the time of the accident, and if you have prior insurance violations on your record, you are limited in the damages you can request from the insured driver who was at fault.
Drivers who violate the no pay, no play law cannot recover non-economic damages from the at-fault driver. Indiana Code § 27-7-5.1-3 defines non-economic damages as:
- Pain and suffering
- Emotional and mental distress
- Physical impairment
- Loss of enjoyment including companionship and consortium
- Other intangible losses
Uninsured drivers who fall under the no pay, no play laws are allowed to pursue economic (out-of-pocket) damages such as medical expenses and lost wages.
An Indiana Uninsured Driver Accident Claim Lawyer Can Help You Recover the Money Damages You Deserve
Uninsured drivers increase insurance rates for those who follow the law and cause financial hardships and unnecessary burdens on accident victims and their families. If you have been in an accident, you deserve compensation for medical expenses, lost income, pain and suffering, and any other damages attributable to the at-fault driver.
To ensure you receive the maximum compensation allowed by law, always carry uninsured and underinsured motorists’ coverage and contact Bradley Keffer and Tom Hirschauer, two of the most respected Indiana uninsured driver accident claims lawyers serving injury victims throughout the state.
Trust Our Indiana Uninsured Driver Accident Claims Lawyers To Protect Your Rights
If you have been injured as a result of an accident with an uninsured driver, the team of Indiana uninsured driver accident claims lawyers at Indianapolis Injury Lawyers is here to help. Contact us today at 317-455-4043 or complete our online contact form to schedule an appointment with an experienced and compassionate attorney who will answer all of your questions and help you recover the money you deserve.