Car accidents occur every day. Imagine yourself driving to work. It is rush hour, and you are waiting at a red light. Suddenly, a driver, distracted by their phone, rear-ended your vehicle. You go through the usual steps: ensure there are no injuries, assess your vehicle for any damage, and exchange contact and insurance information with the parties involved. But what do you do when you are hit by an uninsured driver? You need to take specific steps, and you may be entitled to compensation under Indiana law.
At Hankey Marks & Crider, our Indiana uninsured driver accident attorneys can help you navigate this confusing time. Our client-focused mindset will ease your mind as we assist with every step of this process. We treat all our clients with respect and compassion. Our attorneys uphold the highest standards of integrity and collaborate with their clients to ensure you get the best service.
The Role of Insurance in Car Accidents
Most states require drivers to have car insurance. According to the Indiana Bureau of Motor Vehicles, under Indiana law, “a person may not operate a motor vehicle in Indiana if financial responsibility is not in effect with respect to the motor vehicle operated, or the person is not otherwise insured to operate the motor vehicle.” Insurance protects you financially, covering damages to your vehicle, your injuries, or someone else’s if you are found liable for the crash. It also protects you if an uninsured or underinsured driver hits you.
According to the Bureau of Motor Vehicles, Indiana has a 25/50/25 minimum liability insurance requirement. This includes:
- $25,000 for bodily injury to or the death of one person
- $50,000 for bodily injury to or the death of two or more people in any one accident
- $25,000 for damage to or the destruction of property in one accident
Despite these laws, many people overlook this requirement, leaving themselves and others vulnerable to significant liability and financial repercussions. According to the Insurance Information Institute, 14% of United States motorists are uninsured. Indiana ranks #21 for most uninsured drivers, and 13.9% of drivers have no form of auto insurance at all. Most people don’t anticipate being in an accident with an uninsured driver and often feel uncertain about what to do next.
Steps to Take After an Accident with an Uninsured Driver
There are several steps to take when you are involved in an accident, especially involving an uninsured or underinsured driver. Follow these steps:
- Seek Medical Attention – Even if the accident has passed, and you declined medical attention at the scene, seek medical care to ensure you did not sustain injuries that were not immediately apparent.
- Contact Law Enforcement – Report the accident to the police. They will collect a report that is necessary for an insurance claim and for any potential legal actions.
- Gather Information – This includes other drivers’ contact information and potential witnesses, as well as documenting all accident scene details, including photos of the other driver’s vehicle and license plate. This is also imperative when filing an insurance claim or seeking legal action.
- Notify Your Insurance Company – Contact your insurance company promptly.
- Consult a Lawyer – Dealing with a car accident can be a headache, and navigating one that involves an uninsured or underinsured driver can be complicated. An attorney may guide you through the process and help you pursue the compensation you deserve.
Compensation You Could Recover
Under Indiana Law, you may be entitled to recover several types of compensation in the event of an accident involving an uninsured or underinsured driver. This includes medical bills, loss of wages, property damage, and pain and suffering.
- Medical Bills – Compensation for any treatment costs, including but not limited to hospitalization, doctor visits, rehabilitation, and medication.
- Loss of Wages – Compensation for any wages you may have lost while recovering from your injuries
- Property Damages – Any repair or replacement costs in the event of damage to your vehicle.
- Pain and Suffering – Financial compensation for any physical or emotional pain or distress because of the accident.
It may be difficult to understand your rights and entitlements. Seeking legal counsel can help you determine your rights under Indiana law.
How a Lawyer Can Help
The first course of action is to seek coverage from your insurance company. You may receive compensation through them, especially if you have an uninsured or underinsured driver policy. However, insurance companies often try to minimize payouts. That is where a lawyer comes in. An attorney can assist with filing a claim, communicating and negotiating with insurance companies, and protecting your rights.
If you do not possess an uninsured driver policy or the damages exceed your policy limits, an attorney may assist with further legal action. This includes helping you file a lawsuit against the driver or determining any additional parties liable for the accident.
Several challenges of suing an uninsured driver include the driver’s limited financial assets, significant time and expenses, and difficulty providing fault. A lawyer can help you understand your options and maneuver this challenging process.
An attorney may also assist you with Indiana’s modified comparative fault laws. Under Indiana law, you can recover compensation from damages even if you are found partially responsible for the accident. However, if you were more than 50% at fault, you cannot recover any compensation at all. If you are less than 50% at fault, then you are entitled to compensation. The caveat is that the amount you can recover will be reduced in proportion to your level of fault. For example, if you are found to be 30% at fault, then you can only recover up to 70% of your compensable losses. A lawyer can help you deal with this confusing and stressful legal process.
Contact an Uninsured Driver Accident Lawyer Today
You may be entitled to compensation if you were involved in an accident with an uninsured or underinsured driver and they are at fault. At Hankey Marks & Crider, our Indianapolis attorneys have over 80 years of combined experience and are here to help you navigate this complex situation. Whether you wish to file a claim with your insurance or seek legal action against the at-fault driver, our attorneys are here for you. Call Hankey Marks & Crider at (317) 634-8565 today or contact us online for a free consultation where we can discuss what options are available to you.