In 2015, nearly 17% of Indiana motorists drove without car insurance, according to the Insurance Information Institute (III). That almost accounts for one out of every five drivers. Considering that information, in 2018, Madison County saw 4,110 collisions—including 21 that produced fatalities and 569 that led to injuries, per the Indiana University Public Policy Institute (IUPUI).
If you got into an accident with an uninsured driver, you may have questions when it comes to recovering compensation for your property damage costs and medical bills. You do not need to pursue financial recovery alone. These cases can get complicated, and recovering the compensation to which you are entitled can be difficult.
An Anderson uninsured car accident lawyer from Sevenish Law Firm, P.C. will help you navigate every step of the legal process, from filing your claim to taking your case to trial. Call our team today at (317) 743-7971 to begin your free consultation.
Indiana Uninsured Motorist Law
As in most states, in Indiana, the person deemed at fault for an accident is typically financially responsible for the other party’s damages. This could include payment for their medical bills, lost wages, and property damage costs.
To that end, Indiana requires drivers to maintain a certain level of automobile liability coverage, as detailed by Indiana Code (IC) §9-25-4-5:
- $25,000 of bodily injury liability (BIL) coverage for one person’s injuries or death
- $50,000 of BIL coverage for two people’s injuries or passing per accident
- $25,000 of property damage liability (PDL) per accident
If you were struck by an Indiana driver who did not have auto insurance, you may have concerns regarding whether you can recover compensation. With the help of an Anderson uninsured car accident lawyer, you have legal options. Call Sevenish Law Firm, P.C. to find out more.
For a free legal consultation with a uninsured car accidents lawyer serving Anderson, call 317-636-7777
Uninsured Motorist (UM) Coverage in Indiana
Drivers who have difficulty buying insurance on the market in Indiana can apply for the Indiana Auto Insurance Plan through any insurance agent. However, not everyone does, either because they do not wish (or cannot afford) to make the payments, or they simply do not think that they need coverage.
By law, newly written car insurance policies in Indiana must offer drivers UM coverage, which protects drivers in accidents with people without insurance or in hit-and-run collisions where the other driver is never found.
According to the Indiana Department of Insurance (IDOI), the minimum UM coverage insurance companies must offer is:
- $25,000 in BIL coverage for one person per accident
- $50,000 in BIL coverage per accident
- $25,000 in PDL
- $50,000 in BIL coverage for underinsured motorists
If you have UM coverage, you file a claim with your own insurance company after an accident with an uninsured driver. However, just because you are dealing with your own insurance company does not mean that you will get the compensation you deserve. In either case, an Anderson uninsured car accident lawyer can help you seek justice.
Anderson Uninsured Car Accident Lawyer Near Me 317-636-7777
Measures to Take Following an Anderson Car Accident
IC §9-26-1-1.1 requires drivers in an accident to remain at the scene, render assistance when necessary, and exchange information with the other driver. If there is an injury or death, you must notify the authorities, who will dispatch a law enforcement officer to investigate. They also may ask questions regarding insurance at the accident scene.
Once you learn that you have been involved in an accident with someone who does not have insurance, there are three things to keep in mind:
- Observe and document the scene. You will want to collect as much evidence from the accident scene as you can. You should take pictures of your vehicle’s damage and any injuries that you may have.
- Seek medical attention as soon as possible. Do this even if you do not immediately notice any injuries. Sometimes, symptoms do not show themselves right away.
- Consider legal representation. The things that happen early on in your case’s development can affect your case’s outcome. When you work with an Anderson uninsured car accident lawyer from the very beginning, they can employ various measures to promote your case’s success.
To learn more about the steps you should take following an Anderson motor vehicle accident, call Sevenish Law Firm, P.C. at (317) 743-7971.
Seeking Compensation from Your UM Coverage
Like any insurance company, your insurer may offer you a lowball settlement to save their organization money. When you file a UM claim, you will have to show that you were not at fault for the accident and that you suffered financial losses as a result. If your insurance company does not offer you a sufficient amount of compensation, you may consider filing a lawsuit. If your UM policy does not cover all of the damages you have suffered, you might end up suing the other driver for the difference.
One thing to keep in mind: Indiana is a comparative fault state, as noted in IC §34-51-2-6. Both parties in your accident may be assigned a percentage of fault. The amount of fault you are assigned will reduce the amount of compensation you can recover. Your insurance company will consider Indiana’s comparative fault laws when calculating its settlement proposal.
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Seeking Compensation from the Other Driver through a Lawsuit
If the uninsured driver is responsible for the accident, you have the right to file a lawsuit to recover your damages. By bringing the negligent party to court, you can work to hold them accountable for the cost of your accident-related expenses.
Throughout the duration of your lawsuit, your lawyer can:
- File your case to the appropriate court
- Notify the involved parties of the legal proceedings
- Organize and gather evidence that is relevant to your case
- Record statements from witnesses
- Argue your case in court
- Cross-examine witnesses
- Guide your lawsuit to completion
An Anderson uninsured car accident lawyer can assess your situation to determine a course of legal action.
Sevenish Law Firm, P.C. Can Help You
If you have been in an Anderson accident with an uninsured driver, our team can help you identify your legal options. You may have UM coverage. If not, our team can help you file a lawsuit or negotiate a pre-trial settlement. An Anderson uninsured car accident lawyer can handle many of the obligations that go into defending your legal rights and advancing your goals.
At Sevenish Law Firm, P.C., all we do is personal injury law. Call us today at (317) 743-7971 and let us get to work for you.