Does Your Attorney Know Indiana Insurance Law?
Insurance Issues in Personal Injury Claims:
A Word About Insurance Coverage
(Motorcyclists, Take Note!)
"The best lawyers (I like to think of myself as one) often recover the full limits of an insurance policy, but we can't pull money out of thin air.
If you carry only the minimum coverage, full compensation may not be available for your injuries. Check with your insurance agent about buying extra coverage, especially Uninsured Motorist insurance in the event the other driver is not insured."
- Randy Sevenish,
Indianapolis Accident Attorney and Avid Biker
All Indiana drivers are required to carry liability insurance, which provides compensation to other persons if the policyholder caused an accident or is found liable for damages.
Under penalty of law, each Indiana driver must carry the following liability coverage:
- a minimum of $25,000 in coverage for bodily injury or death of one person in the accident.
- a minimum of $50,000 per accident to cover multiple injuries (the amount of coverages is split between the victims, with no victim entitled to more than the per-person limits).
- a minimum of $10,000 in coverage for property damage
Medical payments coverage, also called Med-Pay or PIP (Personal Injury Protection), provides compensation to the driver for his or her own injuries suffered in an accident. Med-Pay is not required in Indiana, and there is no minimum coverage. It reimburses medical bills of the driver and/or passengers up to the limits of coverage, regardless of fault. Unlike no-fault insurance in other states, Med-Pay does not cover lost wages, property damage, or other losses.
Collision coverage provides compensation for damage to your own vehicle incurred in an accident, regardless of fault. If you were not at fault, you can file a claim under your own collision insurance (subject to the deductible specified in your policy), or under the other driver's property damage liability (at no cost to you). Collision insurance is not required in Indiana.
Uninsured Motorist / Underinsured Motorist
This protects a driver and any passengers, paying for medical bills and property damage in the event the other driver does not have any auto insurance, or if your bills exceed the limits of their policy. Uninsured Motorist coverage is not required in Indiana. It is a mistake to waive these coverages. Remember, Uninsured Motorist (UM) coverage protects you if the at-fault driver had no insurance. And Underinsured Motorist (UIM) coverage protects you if the at-fault driver is insured but does not have enough coverage. We have countless sad but true stories from clients who decided either not to buy UM/UIM coverage or to buy just the minimum coverage required by law. We believe you should buy as much UM/UIM coverage as the insurer will sell you. Feel free to call and ask us why in more detail!
Insurance Issues in Indiana Claims for Damages
If you have a Indiana personal injury claim, Sevenish Law Firm will pursue compensation through the other driver's liability policy and/or your own uninsured driver coverage. Your losses are covered only to the extent of the available insurance. You can sue an at-fault driver for the remainder not covered, but often the driver has no recoverable assets. We may also seek insurance compensation from any third party who has a degree of liability (e.g., a bar that served a drunk driver, the manufacturer of a defective motorcycle).
Contact an Indianapolis injury attorney who knows Indiana insurance law and negotiates with insurance companies on a regular basis. Sevenish Law Firm offers a free consultation and will take your case on a contingency fee.