Injured in an Accident and the Other Driver Was Underinsured or Uninsured? Our Indianapolis Attorneys Can Explain Your Options

After being involved in an accident with an underinsured or uninsured driver, you’re entitled to pursue legal action. However, to successfully claim compensation in these complex cases, you need the help of a seasoned lawyer.

At Christie Farrell Lee & Bell, we commit to guiding you through every stage of the legal process and ensuring you’re not left bearing the financial burden of an accident that wasn’t your fault. Here’s how we can help:

  • Review your policy: We’ll examine your insurance to uncover any UM/UIM coverage that could compensate you for your injuries and losses.
  • File claims: We’ll handle all claim filings, meeting all the deadlines and requirements stipulated by law.
  • Negotiate on your behalf: Our lawyers can handle insurance companies to avoid lowball offers and secure the best possible compensation.
  • Collect evidence: We’ll gather all necessary evidence, from medical records to witness statements, to build a strong case.
  • Offer legal advice: You’ll receive expert legal advice on whether to settle or proceed to trial, guiding you through each decision with your best interests in mind.

We’ll assess all your damages to ensure any settlement or award fully covers your needs. If needed, we will take the uninsured or underinsured drivers to court if they don’t meet the insurance requirements according to the type of vehicle. 

Steps to File an Uninsured Motorist Claim

  • Complete the claim form: Obtain an uninsured motorist claim form from your insurance company. Fill it out accurately, providing detailed information about the accident and your resulting losses.
  • Attach supporting documentation: Include all relevant evidence with your claim form.
  • Submit the claim: Send the claim to your insurance company, ensuring you keep copies for your records.
  • Follow up: After submitting your claim, follow up with your insurance company to confirm receipt and inquire about the next steps. They may request additional information or schedule an interview to discuss the accident in more detail.
  • Review the settlement offer: Once your insurance company has processed your claim, they will present you with a settlement offer.
  • Negotiate if necessary: If the initial settlement offer is insufficient, prepare to negotiate. You can present additional evidence or documentation to support your case for a higher settlement amount.

Throughout this process, consulting with a personal injury lawyer experienced in uninsured motorist claims is crucial to secure the success of your case. At Christie Farrell Lee & Bell, we can provide valuable guidance, help negotiate with the insurance company, and ensure the settlement you receive is fair.

What to Do if You’re Hit by a Driver Without Insurance or Underinsured

If you’ve been involved in a car accident without insurance, here are some steps you should take immediately after:

  • Report the accident to your insurance company.
  • Document everything, gathering evidence such as photos of the accident scene, witness statements, police reports, and medical records.
  • Review your insurance policy to understand whether you have coverage for uninsured or underinsured motorists.
  • Contact an attorney to ensure your rights are fully protected and you accurately file the claim.

What Underinsured & Uninsured May Cover in Indianapolis

Under Indiana law, specifically Indiana Code § 9-25-4-5, motorists must carry minimum liability insurance, which includes:

  • $25,000 for bodily injury or death per person
  • $50,000 for bodily injury or death per accident
  • $25,000 for property damage

These limits form the basis of what uninsured/underinsured motorist coverage may provide in the event of an accident. However, the state’s minimum liability limits may not fully cover the costs of a serious accident.

The best insurance companies allow you to opt for UM and UIM coverage, which provides a layer of financial protection and ensures you have recourse for compensation even when the at-fault party cannot pay.

Damages You Can Recover in a UM/UIM Motorist Accident in Indianapolis

Victims of accidents involving underinsured or uninsured motorists can seek compensation for:

Economic Damages

This includes all out-of-pocket expenses directly resulting from the accident, such as:

  • Medical bills: Covering both past and future medical treatment.
  • Lost wages: Compensation for any work and earnings missed due to the accident, including future lost earning capacity if the injuries impact your ability to work.
  • Property damage: Costs to repair or replace your vehicle and any other personal property damaged in the accident.

Non-economic Damages

According to Indiana Code § 27-7-5.1-3, non-economic damages compensate for the intangible losses suffered by the victim, such as:

  • Pain and suffering: Covers the physical pain and emotional distress experienced due to the accident.
  • Loss of enjoyment of life: Compensation for the inability to enjoy hobbies and daily activities after the accident.
  • Emotional distress: For the psychological impact of the accident, including anxiety, depression, and trauma.

No Pay, No Play Law Statute in Indianapolis

Indiana’s “no pay, no play” law prevents uninsured drivers from claiming non-economic damages after an accident. This is designed to discourage drivers from driving without insurance, so it’s important to maintain at least the minimum auto insurance coverage required by law.

FAQs About Underinsured & Uninsured Motorist Cases in Indianapolis

Can You Sue an Uninsured Driver in Indiana?

Yes, you can sue an uninsured driver in Indiana. However, the challenge often lies in collecting the damages, as uninsured drivers may not have the financial resources to cover the compensation. It’s essential to explore all avenues, including your insurance company’s uninsured motorist coverage.

What Is the Underinsured Motorist Coverage in Indiana?

Underinsured motorist coverage in Indiana is designed to protect you when the at-fault driver’s insurance is insufficient to cover your total damages, ensuring you’re not left with out-of-pocket expenses for an accident you didn’t cause.

Does Uninsured Motorist Cover Hit and Run Indiana?

Yes, uninsured motorist coverage typically includes protection against hit-and-run accidents, primarily covering bodily injuries. Some policies may also offer coverage for property damage.

Need Help to Recover Damages? Our Underinsured & Uninsured Motorist Lawyers in Indianapolis Can Help

Facing an accident with an underinsured or uninsured driver doesn’t mean you have to navigate the legal system alone. At Christie Farrell Lee & Bell, we’re dedicated to ensuring that personal injury victims receive the dedicated, expert legal representation they need to successfully claim compensation.

Our car accident attorneys will help you understand your rights and pursue legal action to get you financially restituted. So, for personalized legal support and to discuss your case, don’t hesitate to contact us today and schedule a free consultation.