In Indiana, all drivers must carry a minimum bodily injury liability coverage of $25,000 per person, $50,000 per accident, and $25,000 in property damage liability. However, some motorists ignore this law and drive without proper coverage.
What if you suffer a car accident, and it turns out the negligent driver is uninsured? How do you seek recourse?
Uninsured/Underinsured Motorist Coverage (UIM)
By default, auto insurance policies in Indiana include uninsured/underinsured motorist (UIM) coverage. While you can reject this clause in writing, carrying UIM coverage is highly advisable.
Your UIM policy will step in if the driver who hit you didn’t purchase insurance or their coverage amount isn’t enough to cover your losses. Like standard auto insurance, uninsured motorist coverage has minimum limits of $25,000 or $50,000 in bodily injury per person or accident.
UIM will pay for your medical bills and lost wages up to the policy’s limit. Depending on your policy’s terms, it could also cover vehicle repair or replacement costs, or you may need to purchase separate coverage for property damage.
Medical Payment Coverage (MedPay)
In Indiana, you can also purchase Medical Payment Coverage (MPC), also known as MedPay. MedPay covers medical costs related to your accident, like hospitalization, surgeries, and medical procedures like X-rays.
MedPay will also cover health insurance copays and deductibles up to your policy’s limits. Keeping out-of-pocket medical costs down after an accident is a huge benefit of MedPay.
Can You Sue If the Negligent Driver Is Uninsured?
If you sustain injuries in an accident and learn that the negligent driver is uninsured, you may ask, “Can I sue them directly?”
The answer is that you can, but it’s not always worthwhile. Drivers who feel they can’t afford insurance often won’t have enough assets to pay for your losses anyhow. In this case, even if you win a personal injury lawsuit, you won’t be able to collect. An experienced car accident lawyer can help determine whether taking legal action against the at-fault driver is feasible.
What If the Uninsured Motorist Was Driving an Insured Vehicle?
Sometimes, uninsured motorists drive insured vehicles. For example, let’s say that Jim, an uninsured young adult driver, hit your vehicle while driving his parents’ car. While Jim doesn’t carry insurance, there’s a policy attached to the vehicle.
In this case, the vehicle’s insurance should cover your injuries and other losses unless the policy specifically excludes the driver or the driver was using the car without permission.
What Should You Do After a Collision With an Uninsured Driver?
Regardless of the at-fault driver’s insurance status, you should always report a serious accident to the police. The police report can serve as crucial evidence in insurance claims and lawsuits.
You should also document your accident by taking plenty of photos and videos of the accident scene unless you must leave immediately for emergency medical treatment. Collect the other driver’s contact and insurance details and ask any witnesses for their contact info. See a doctor to assess your medical condition.
Let your insurance company know you’ve had an accident to preserve your coverage. However, we strongly advise against accepting any settlement offer before you talk to a lawyer.
Did an Uninsured Driver Hit You? Call Tabor Law Firm
Are you unsure what to do after an accident if the negligent driver is uninsured? Call us at Tabor Law Firm. Our Indianapolis-based legal team, in practice since 1970, will explain your options for seeking compensation and guide you through the steps of an insurance claim or a lawsuit.
Call 317-236-9000 or contact us online for a free consultation.
