Uninsured or Underinsured Motorist Claims in Indiana

Car accidents are distressing even before you factor in the severe injuries, high medical bills, vehicle repairs, and other unexpected expenses. But when the driver responsible for the crash is uninsured or underinsured, the situation becomes even more complicated.

Our car accident lawyers for uninsured claims explain what it means for your case when the person responsible for the accident isn’t covered and the steps you can take to get the support you need.

What Are Uninsured and Underinsured Motorists?

Before diving into the steps to take after a crash, it’s important to understand how crash costs are handled in Indiana.

Indiana is a fault car insurance state, meaning insurance companies pay for damages based on each driver’s degree of fault. Indiana uninsured motorist laws require all drivers to carry a minimum of auto liability insurance, but higher limits are recommended since another driver can sue for the full cost of their losses (such as lost wages, medical costs, and pain and suffering).

That brings us to the difference between uninsured and underinsured motorists:

• Uninsured motorist. A driver who does not have any car insurance coverage at all.
• Underinsured motorist. A driver who is insured, but the policy is insufficient to cover the costs of the accident.

Fortunately, Indiana requires all auto insurers to provide uninsured and underinsured motorist (UM/UIM) coverage to its customers or obtain a written waiver. Without this coverage, you could incur significant out-of-pocket expenses if your medical bills and property damage exceed an at-fault driver’s policy limits.

What to Do After a Crash With an Uninsured Driver

If you’ve been in an accident with an uninsured or underinsured driver, here are the key steps to take to safeguard your health, financial well-being, and legal rights:

Call 911 & Report the Accident

Your safety should be your number one priority, which is reflected in the first step below:

• Call emergency responders. Regardless of the severity of the collision, your first step should always be to call 911 to assess the situation and provide immediate care to the injured.
• File a police report. This report can serve as an official record of the accident (essential when dealing with insurance claims or legal matters later on).
• Note the insurance status of the other driver on the police report. Driving without insurance may be seen as evidence of negligence or recklessness.

Seek Medical Attention

Even if you don’t notice any injuries immediately after the crash, seeking medical attention as soon as possible is important. Getting checked by a medical professional soon after a crash will:

• Create a timely medical record of the injuries you sustained during the accident.
• Ensure prompt treatment and early diagnosis to prevent conditions from worsening.
• Establish a clear medical history and treatment plan for when you need to make an insurance claim or file a lawsuit.

Gather Evidence

Evidence is vital in an accident case, especially those involving an uninsured or underinsured motorist.

• Take clear photos of the damage to your vehicle, the other driver’s vehicle, the road conditions, traffic signs, and other relevant details.
• Note the vehicle information of the other cars, such as make, model, license plate number, and color.
• Record witness information, such as the names and addresses of other drivers, passengers, or eyewitnesses who can testify to what happened later.
• Request a copy of the police report to serve as critical evidence when dealing with the insurance company.
• Keep track of all your medical records, receipts, and bills related to the accident.

Exchange Information

It’s vital to exchange contact and insurance details with the other drivers involved in the accident. Note their:

• Name
• Phone number
• Driver’s license number
• License plate number
• Vehicle information (make, model, year, color)

If a driver refuses to provide their information, have the police handle the situation.

Notify Your Insurance Company

Most insurance policies require you to report an accident to your insurance company within a certain timeframe. Notifying your insurer promptly will help them begin their investigation and work on your claim.

Avoid Settling Privately

It might be tempting to settle the matter directly with the uninsured or underinsured driver, especially if they offer you money to avoid the hassle of insurance claims. However, this is almost always a bad idea for several reasons:

• You may not get full compensation for medical expenses or car repairs, especially if your injuries worsen over time.
• You may be unable to pursue compensation later if additional damages arise.
• It could be a scam to avoid paying anything at all.

Consult an Attorney

Accidents with an uninsured or underinsured motorist can be challenging, particularly if you suffer serious injuries or extensive property damage. An attorney can:

• Negotiate with insurance companies to ensure fair compensation.
• Provide legal advice and guidance throughout your uninsured or underinsured motorist claims.
• File a lawsuit if necessary when a settlement cannot be reached.

Our Indiana Car Accident Attorneys Are Standing By

If you’ve been in a crash with a driver who lacks adequate coverage, an uninsured motorist accident attorney in Indianapolis can help you avoid costly mistakes. Please call Wilson Kehoe Winingham at (317) 920-6400 or contact us for a free, no-obligation case evaluation.

Share This Article