Car accidents are stressful events, and having proper car insurance coverage can provide peace of mind when they occur. What happens when motorists find themselves in a single-car accident without coverage?
A few states have "no-fault" insurance policy systems. Each motorist’s insurance covers their general and special damages, including medical expenses, regardless of fault. They may face towering medical bills without coverage if they sustain injuries in the accident.
Driving without insurance can have legal consequences. Many states require drivers to carry a minimum level of liability insurance. Failing to meet these conditions may result in fines, license suspension, or other penalties.
What Are Indiana Car Insurance Laws?
Understanding car insurance laws is essential for drivers who want to follow legal requirements and protect themselves in case of accidents.
Indiana law demands that all motorists carry a minimum amount of liability insurance coverage. This policy pays for injuries or property damage an at-fault driver causes to others in a car accident:
$25k for bodily injury/person
$50kfor bodily injury/accident
$25k for property damage/accident
While not required, Indiana insurance companies have to offer uninsured and underinsured motorist coverage to policyholders. This can provide financial protection if a driver is involved in an accident with someone without insurance or insufficient coverage.
Also, automobilists must always carry proof of auto insurance coverage and a license in their vehicles. Law enforcement officers may request this document during traffic stops or after accidents.
Indiana is not a "no-fault" insurance state. This means drivers can seek claims against at-fault, uninsured motorists for medical expenses and other losses.
Penalties for Driving without Car Insurance Coverage in Indiana
Driving without coverage in Indiana is against the law and has legal outcomes. Understanding these penalties is essential for all drivers in the state:
Fines and Fees
Anyone caught driving without insurance in Indiana can face fines and fees. The specific amount may vary depending on the circumstances and the discretion of the court. These fines can be notable and can put a financial strain on the uninsured driver. Schuerger Shunnarah Trial Attorneys can also advise on multiple car accident who pays.
Suspension of Driver's License
Indiana law suspends the at-fault party's license if the motorist operates a vehicle without insurance. The duration of the suspension can vary, but it typically ranges from 90 days to one year for a first offense.
SR-22 Requirement
If an officer catches an automobilist driving without insurance, the uninsured motorist has to secure an SR-22 certificate afterward.
This is also known as a Certificate of Financial Responsibility. The document shows the automobilist has the necessary coverage to drive legally. SR-22 insurance is often more expensive than standard coverage.
Vehicle Impoundment
Sometimes, the vehicle is sent for impoundment if the motorist is caught driving without insurance. They'll also have to bear the towing and storage costs.
What If the Uninsured Driver Is Not At-fault for the Car Accident?
In some unfortunate cases, an uninsured driver who is not at fault for a car accident may find themselves in a complex situation.
While it is essential to remember that driving without insurance is against the law in most states, including Indiana, there are times when the uninsured motorist is not liable:
Responsibility of the Other Driver
Suppose the uninsured driver can prove they were not at fault for the accident. In that case, the primary responsibility for covering damages typically falls on the at-fault driver's minimum liability insurance. The responsible party's policy should cover the uninsured driver's medical costs, lost wages, and property damage.
"No Pay, No Play" Rule
In Indiana, the "no pay, no play" rule can affect an uninsured driver's ability to recover certain damages. This includes non-economic damages like pain and suffering. If the uninsured driver sustains considerable injuries, exceptions to this rule may apply.
Uninsured Motorist Coverage (UM)
If the other driver lacks insurance or sufficient coverage to compensate for the uninsured driver's losses, the victim may turn to their own uninsured motorist coverage. This policy can provide protection in situations where the at-fault driver is uninsured or underinsured.
Recovering Compensation from the Insurance Company
When an uninsured driver is not at fault for the accident, recovering compensation from the responsible driver's car insurance company can be complex.
The victim should collect and preserve evidence related to the accident. This includes photographs of the accident scene, vehicle damage, visible injuries, and relevant road signs or traffic signals. Eyewitness accounts and the police report can also serve as valuable evidence.
They should also collect the insurance company's name, policy number, and contact information for their claims department.
The victim must contact the insurance agency of the other driver as soon as possible to report the accident.
Plaintiffs should provide them with a detailed account of the crash and their injuries. Uninsured drivers must be careful when speaking with the company. They should avoid admitting fault or making statements that could harm their claim.
Seeking Legal Help As an Uninsured Motorist in Indiana
When it comes to driving in the state of Indiana, having auto insurance is not just a good idea. It's the law. However, life is unpredictable, and some people may find themselves behind the wheel without insurance or personal injury protection (PIP) coverage.
Despite being uninsured, drivers may still have legal solutions available to them, depending on the circumstances of the accident. The victim could file a personal injury claim against the at-fault party if their negligence caused the crash and their expensive medical bills.
Qualified vehicle accident attorneys can negotiate with the other party's insurance company to reach a settlement that covers the client's damages. They can dig deeper into the lawsuit to find solid evidence against the responsible driver.
Final Words
Without insurance, drivers may be personally liable for property damage and medical expenses resulting from a car accident hit on passenger side.
It also comes with legal repercussions, including fines and license suspension. Uninsured motorists must seek legal counsel to recover maximum compensation from the other driver and their insurance agency.
With a slogan that says, "We Go to War for You," Schuerger Shunnarah Trial Attorneys can help drivers navigate such cases' complexities.