Under any circumstances, a car accident or any motor vehicle accident is stressful at best and at its worst could be utterly devastating. When the other party involved has no car insurance, the stress and devastation mount. In an average car accident when the other driver is at fault, you can rely on vehicle insurance to help cover losses and even medical bills. However, if you’ve been hit by an uninsured driver, then the process becomes more complicated.
If you or someone you love is hurt in a car accident with an uninsured driver, all hope for compensation is not lost. When the other driver is at fault, there is a way to seek the compensation you deserve. The requirements for handling this type of car accident can vary from state to state, so you’ll want to work with an attorney who is licensed to practice in the state where the accident occurred. When you call Stephenson Rife, LLP, you will get a free consultation from our team. Our Indiana car accident attorneys understand the laws that affect these cases and will fight aggressively on your behalf. There are also steps you can take on your own even before an attorney gets involved. Learn more about how to protect yourself.
Understanding Indiana Motor Vehicle Insurance by the Numbers
There’s more to motor vehicle insurance than simply being insured or uninsured. Indiana law requires all drivers to carry minimum insurance for the vehicles they operate. This minimum follows a 25/50/25 formula, which means all operators must have coverage of at least:
- 25,000 for bodily injury to or death of one individual
- $50,000 for bodily injury or death of two or more individuals in any single accident
- $25,000 for property damage per single accident.
If a motorist is uninsured, not all is lost. According to the Indiana Department of Insurance (IDOI), all new insurance policies must include minimum coverage for damage or injury by an uninsured or underinsured motorist unless the person seeking insurance rejects that coverage in writing. This means that, if an uninsured driver hits you, you will be paid through your own insurance instead of through the other driver’s insurance. The coverage required is the same formula of 25/50/25.
Uninsured Motorist Statistics
The Insurance Information Institute (III) reported in 2022, the most recent statistics available, that roughly 14% of drivers in the U.S. are uninsured. Indiana is alarmingly close to matching this rate. Approximately 13.9% of Hoosier drivers do not carry motor vehicle insurance. For responsible, insured drivers, this means 1 in 7 cars on the road with you in Indiana are uninsured.
Steps to Take After the Accident
It is critical to take action after you are hit by an uninsured driver in Indiana or any state. There are some common steps to take in any motor vehicle accident, but some are even more important if the other driver is uninsured.
- Where the accident occurred
- If available, the other driver’s contact information
- Injuries, and be sure not to minimize them
- Do not admit fault
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1. Always stop: It ensures the safety of you, the other driver, and everyone else to stop your vehicles and turn on hazard lights to alert other drivers.
2. Check for injuries: Assess if anyone was injured so you can relate that information to emergency services.
3. Contact the authorities: You’ll need the police and possibly emergency medical personnel. It is essential to involve the authorities when an uninsured driver is involved because they will be required to provide accurate contact information to authorities.
4. Take pictures: Pictures can be a critical part of any motor vehicle accident case. You’ll want to document the scene, damage, and any injuries. Make sure you take a picture of the other driver’s license plate so you have a way of tracking the other driver if they try to flee the scene.
5. Gather evidence: You never know what information may come in handy as you build a case. Document as much as possible. Check for security cameras and traffic cameras. Note your exact location. Collect contact information from any witnesses.
6. Report the accident to your insurance company: Some policies have reporting time limits. However, when you speak to your insurance company, be brief and stick to facts:
If catastrophic injuries were involved, you may want to consider contacting an attorney. Insurance companies will often try to offer low settlements to try to resolve the matter quickly. You can always reach out to Stephenson Rife, LLP for a free consultation. We have a team of experienced Indiana car accident attorneys who will assess the details of your case.
See A Doctor
You may feel fortunate to walk away from your accident with no apparent significant injuries. But assuming you are injury free or just a little sore can be dangerous. See a doctor after your accident. Some injuries take time to fully manifest. Others become worse without treatment, and, even more frightening, some are deadly if not diagnosed and treated right away. Brain injuries can be deceptive: you might not notice symptoms until it is too late to take action.
Your prompt care also avoids potential insurance arguments. If you tell your representative you feel fine, then later say you sustained injuries, you leave them the opportunity to dispute that claim. The same goes for the at-fault driver, if you choose to sue them personally.
How an Indiana Car Accident Attorney Can Help
If you have an uninsured motorist insurance (UIM) policy, your first option is to seek coverage from your insurance company. While we may think our insurer is on “our” side, companies are on their own side. They want to pay out as little as possible. Have a skilled car accident attorney in Indiana review your claim, including the fine print, and handle all communication with your insurance representative. This way, you can be sure the company fully honors your claim.
If you do not have UIM, or the damages you sustain are more extensive than your policy covers, your attorney can advise you of other options. You may file a third-party suit against the driver personally, or your lawyer may discover additional parties who contributed to your accident and file against them.
No matter how you seek compensation, your attorney can fight to protect you from false blame. Under Indiana’s comparative fault laws, victims assigned a percentage of fault for the accident have their compensation reduced by that percentage. It is in your insurance company’s and any third party’s best interest to apportion you as much blame as possible. Stephenson Rife, LLP will fight against any unfair accusations.
Let Us Help You Win Your Fight
Drivers who operate without insurance show no concern for Indiana law or those sharing the roads with them. And when those drivers hurt you, they put the onus on you to secure coverage through your own insurance policy – or figure out some other plan. Stephenson Rife, LLP takes that unfair burden off of you. A seasoned Indiana car accident attorney from our firm will deal with your insurance company if that option applies and explore other ways of delivering much-needed compensation. Schedule a free consultation, and let us fight for you.