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  • Writer's pictureRobert Schuerger II

"Got In a Car Accident, Other Driver Has No Insurance" | What Should Injured People Do?

In Indianapolis, Indiana, vehicle owners aren't required by law to have collision coverage. However, liability insurance is mandatory.

Unfortunately, the latest reports unveiled by the Insurance Research Council (IRC) show that the percentage of uninsured motorists in this state stood at 14% in 2022.

After a car crash, most people turn to their own insurance company or the other driver's liability insurance coverage to pay for medical bills, property damage, and other expenses.

However, filing a car insurance claim against the other party's auto liability coverage can become more complicated for those who have been hit by an underinsured or uninsured driver.

What can victims do if they have been injured in a car accident with an uninsured motorist? Can injured people still take legal action to recover compensation for their damages? Schuerger Shunnarah Trial Attorneys can also advise on overcoming the fear of driving after a car crash.

Insurance Requirements in Indiana

Insurance Requirements in Indiana

Indiana laws say that anyone who owns a car in this state must carry liability insurance, considering the following amounts:

  • $25,000 in injury or death coverage per individual

  • $50,000 in injury or death coverage per accident

  • $25,000 in property damage coverage

This is known as the 25/50/25 liability insurance. If found operating a vehicle without proper car insurance, Indiana motorists may be subject to fines and suspension of driving privileges for up to one year.

Drivers aren't required to carry underinsured or uninsured motorist coverage. However, it's often included in state minimum policy and cannot be removed unless policyholders make a request in writing.

What Happens When Car Accidents Are Caused by Underinsured or Uninsured Drivers?

If the at-fault driver doesn't have auto liability insurance coverage at the time of the car accident, injured parties can rely on two other options to cover their medical bills and vehicle repairs:

  • Uninsured motorist coverage (UM)

  • Underinsured motorist coverage (UIM)

What is Uninsured and Underinsured Motorist Coverage?

Uninsured/underinsured motorist insurance covers victims' and their passengers' injuries and damage to their vehicles if they're hit by a driver who has insufficient or doesn't have auto insurance coverage.

In Indiana, minimum uninsured/underinsured motorist insurance requirements are similar to the minimum liability coverage drivers must carry:

  • Uninsured motorist insurance: $25,000 in bodily injury per person and $50,000 per accident, as well as $25,000 in property damage per accident

  • Underinsured motorist insurance: $50,000 in bodily injury per person and per accident

Differences Between Uninsured and Underinsured Motorists in Indiana

Under Indiana laws, an uninsured motorist is someone who doesn't have auto liability coverage. Accidents caused by unidentified hit-and-run drivers are handled under this definition since there's no car insurance available in those cases.

Underinsured motorist coverage is used when the at-fault driver carries an auto insurance policy, but the maximum payout is reached, and it isn't enough to pay for injured people's medical bills.

Since most drivers and vehicle owners carry the minimum liability coverage, this option may come in handy, especially if victims are hospitalized and require expensive long-term treatment after an accident caused by someone else.

It's important to understand that people injured in an accident caused by a driver with insufficient or no auto insurance coverage can collect payment by filing an underinsured or uninsured motorist claim with their own car insurance company.

Who Is At Fault for a Car Accident in Indiana?

In a car crash or similar incident, the at-fault driver is the person who acted negligently, carelessly, or recklessly and caused the accident as a result.

Indiana follows a modified comparative negligence system, so anyone found to be more than 50% responsible for a car accident cannot recover damages or compensation from the other party.

What Happens If Car Accident Victims Don't Have Insurance?

As mentioned, Indiana laws state that all drivers must carry insurance coverage. Those who break these rules may face penalties.

In other words, even if the accident was caused by the other driver or any other party, injured people who are found to be driving without insurance on Indiana roads may be subject to fines and license suspensions.

Plus, individuals who fail to meet minimum insurance requirements could be limited in their ability to recover compensation for the accident, even if it was caused by someone else.

What to Do After an Indiana Car Accident

What to Do After an Indiana Car Accident

If involved in a car accident, Indiana residents should take the following steps:

Call First Responders

Ideally, the first thing a person involved in a car accident should do is assess themselves and others, including their passengers, for injuries. If someone was hurt, they should call 911.

If those involved in the accident don't require emergency medical treatment, it's recommended that they see a doctor within 24 hours to ensure they don't have unnoticeable injuries and get the medical care they need.

Contact the Police

It's also important to call the police to report the accident. Law enforcement officers will assess the scene and injuries, creating documentation that victims could use to support their claims in the future.

In Indiana, people are required to contact the police if the car accident causes any of the following:

  • Injuries

  • Death

  • Vehicle damage totaling over $1,000

  • Damage to property beyond the vehicle

Document the Accident

If possible, people involved in a car crash or similar incident should document the accident by taking photos that show the vehicles and their damage.

Injured parties should document anything that contributed to the accident and take photos of the vehicles and their positions relative to each other.

Collect Information From Other Drivers and Witnesses

Victims should exchange information with any other drivers involved in the accident, requesting the following details:

  • Names

  • Contact information

  • License plate number

  • Driver's license number

  • Insurance company information

Injured parties who plan to take legal action against the other driver should also collect information from witnesses, as their testimonies could help them support their claims.

Contact a Car Accident Lawyer

Car accidents are complex, especially for those who want to file a lawsuit to recover compensation for their injuries because the at-fault party has no or insufficient insurance.

However, victims shouldn't go through this process alone. With the help of an experienced automobile accident attorney in Indianapolis, building a car accident case will be much easier. Plus, injured parties will have better chances of winning the compensation they're entitled to.

Contact Schuerger Shunnarah Trial Attorneys!

Injured in a car accident in Indianapolis, Indiana? All people who own or operate a motor vehicle in this state should have insurance coverage. If they fail to follow that rule and cause a crash, at-fault drivers may be subject to penalties. Schuerger Shunnarah Trial Attorneys can consult on delayed chest pain after car accident.

Victims can contact an experienced attorney to hold those drivers accountable for their actions and build a solid case to recover compensation. Fortunately, they can find the help they need at Schuerger Shunnarah Trial Attorneys. Contact us today!


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