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I Was Hit by an Uninsured Driver in Indiana – What Can I Do?

Feb 22, 2023 | Auto Accident, Personal Injury

Injured in a car accident by an uninsured driver | Indiana personal injury lawyer

Unfortunately, it happens too often that a driver finds themselves saying, “I was hit by an uninsured driver in Indiana.” It is scary to be injured and uncertain whether you will receive compensation. 

The first thing you need to do is understand and check your policy coverage. You can file a claim with your insurance company if you have uninsured motorist coverage. If not, you can file a personal injury lawsuit against the at-fault, uninsured driver in court.

If you were injured in a car accident by an uninsured driver, speak to an experienced Indiana personal injury lawyer to understand your rights and options. 

Indiana Law Requires Minimum Insurance Requirements for Drivers

Indiana law mandates that every driver on the roadways has specific minimum insurance coverage. Minimum liability insurance in Indiana includes the following: 

  • $25,000 for bodily injury or the death of one individual
  • $50,000 for bodily injury or death of two or more people
  • $25,000 for property damage per accident

Failing to maintain this minimum coverage results in fines and suspension of driving privileges from 90 days to one year. Yet, despite this law and its consequences, individuals still operate their vehicles without insurance

Indiana law addresses the problem of uninsured drivers by requiring uninsured and underinsured insurance coverage in every policy. The only exception is if the policyholder rejects the additional coverage in writing. 

Uninsured motorist coverage typically includes the following:

  • Personal injury in the amount of $25,000 per person and $50,000 per accident
  • Property damage of $25,000 per accident

Underinsured motorist coverage typically includes bodily injury coverage of $50,000 per person and per accident. 

The difference between the two is that uninsured coverage applies when the at-fault driver does not have coverage, including a hit-and-run scenario in which the at-fault driver is unknown. Underinsured coverage applies when the at-fault driver does not have enough coverage to compensate your damages. 

Whether or not your policy includes uninsured and underinsured coverage impacts your options for pursuing compensation from an uninsured driver. If you are claiming to have been hit by an uninsured driver in Indiana, the first thing to check is your insurance policy. 

If Your Insurance Policy Includes Uninsured and Underinsured Coverage

You may file a car accident claim with your insurance provider. They will investigate, review the information, and make a settlement offer. This offer is always negotiable, and you must not accept an offer that fails to cover your medical bills and other damages. 

If your policy includes uninsured motorist coverage but your insurer refuses your claim, you may need to file a lawsuit against your insurer for acting in bad faith.  

In either event, hiring an experienced Indiana personal injury lawyer can help you through this process. They will conduct an investigation, calculate your damages, and leverage their experience to negotiate on your behalf. 

If Your Insurance Policy Does Not Include Uninsured and Underinsured Coverage

Unfortunately, your options to receive compensation are considerably limited. You may still file a lawsuit against the at-fault driver. The difficulty of filing a car accident claim under these circumstances is that even if you prevail, the other driver may not have the resources to compensate you for your injuries. If you are in this situation, speak to an experienced personal injury lawyer. 

Unfortunately, many clients say, “I was hit by an uninsured driver in Indiana!” without knowing what to do next. At Stewart & Stewart Attorneys, our experienced Indiana car accident lawyers handle your entire car accident case while you focus on recovery. Your initial consultation is free; and there is no fee unless we win. Call us at (317) 537-9616.

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If you have been involved in an Indiana personal injury accident, contact us at Stewart & Stewart Attorneys. Our Indiana personal injury lawyers represent victims throughout the state, including Carmel and Anderson. We have also successfully advocated for clients throughout the area, including Fort Wayne, Gary, Indianapolis, South Bend. Complete a free online consultation form or call us at (800) 33-33-LAW!

Stewart & Stewart Attorneys have the knowledge and experience to defend your rights in the following areas of Indiana injury law: auto accident, brain injury, drug injury, defective product, fire and burn injury, insurance dispute, medical malpractice, motorcycle accident, nursing home abuse, slip and fall,  truck accident, workers’ compensation and wrongful death.