If you were unfortunate enough to have suffered an accident with an uninsured driver, you are likely frustrated, confused, and feel like you have nowhere to turn. If you experienced property damage and severe injury, you need compensation to cover the loss you have endured. There is help available, and an Indianapolis uninsured car accident lawyer can help you figure out your case.
To learn more about filing a case against an uninsured driver, call the offices of Ben Crump Law, PLLC today at (800) 598-7557. We offer free consultations, and we can walk you through each step of the process, starting with filing your case. When you call us for a consultation, you are under no pressure to commit. We only want to see if we can help you get the justice and compensation you deserve.
Indiana Car Insurance Requirements
Drivers have many options when it comes to buying car insurance. Some coverage types are mandatory and others are supplemental. The car insurance required and the amount of it is determined by each state’s individual laws.
Liability Insurance
Liability insurance is the most basic type of car insurance, and there are two kinds: property damage and bodily injury liability. These policies guarantee compensation from the party liable for any given car accident for property damage, bodily injury, or both. Property damage liability insurance covers any damage to an individual’s car, and bodily injury insurance compensates for their medical expenses, lost wages, and other financial losses. In Indiana, drivers must maintain at least $10,000 property damage and $25,000 bodily injury liability at all times. Two other kinds of coverage, required in some states, but optional in Indiana, are uninsured motorists’ coverage and underinsured motorists coverage.
Uninsured Motorists’ Coverage (UMC)
UMC policies are supplemental to a driver’s liability coverage and cover damage to your own car and injury expenses in the case that the other driver is at fault for your accident, but has no insurance. Should you not have UMC insurance, your property damage and medical compensation are not covered by any insurance and will need to be provided elsewhere. That is where an Indianapolis uninsured car accident lawyer may be helpful. They might be able to help you file a personal injury lawsuit that holds the at-fault driver liable for the costs, pain and suffering you have endured.
Underinsured Motorists’ Coverage
These policies are similar to uninsured motorists’ coverage in that they cover your losses in the event that an at-fault driver cannot cover them. Underinsured motorists’ coverage adds to whatever an insured driver’s insurance policy does not cover. Their insurance may cover you up to a certain amount, so your insurance would not need to fully cover your expenses the way they would if the at-fault driver was uninsured. The hope is that with their insurance and your underinsured motorists’ coverage, all of the expenses you incur in an accident would be fully covered.
For a free legal consultation with a uninsured cars lawyer serving Indianapolis, call 800-959-1444
Determining Liability
If the other driver is completely responsible for your accident, they bear full liability for it. If that is the case, because they are uninsured, you would need to have uninsured motorists’ coverage to earn any insurance reimbursement. If you do not have that coverage, you can file a personal injury lawsuit, which may help mandate that the other driver fully cover your economic and non-economic losses. Medical bills, lost wages, and travel and lodging expenses are all economic losses. Non-economic losses compensate for pain and suffering associated with your injury.
Contributory Fault
If you are partially responsible for your accident, you have what is called “contributory fault”. You “contributed” to the accident cause. In contributory fault cases, the two liable parties split the fault respective of their level of responsibility for the accident. This means that if you were 20% at fault for the accident, your damages award would be reduced by that 20% for which you are liable. The advantage of being in a contributory fault state is that you are still able to collect an award, unlike other states where a plaintiff who bears any responsibility whatsoever, can collect nothing.
Indianapolis Uninsured Cars Lawyer Near Me 800-959-1444
A Lawsuit Against an Uninsured Driver
Whether you were partially liable or bear no responsibility for your accident, you can file a personal injury lawsuit against the other driver for damages. When you do, there are things you want to consider respective to filing your case in Indiana, one of which is the statute of limitations. In Indiana, Indiana Code (Ind Code) §34-11-2-4 gives a person two years from the date of their injury to file their personal injury case. Be wary of letting this time period slip away because once it does, you have lost your right to collect damages for your accident.
If you lost a loved one in an accident with an uninsured driver, you can file a wrongful death lawsuit on their behalf. The damages award you collect in a wrongful death lawsuit is to compensate you for the emotional devastation that comes with the permanent loss of that person. You are entitled to justice for them and yourself.
When you are injured through the careless negligence of another driver without insurance, you suffer the stress of having to worry about filing a lawsuit. With an insured driver, it might have been easier. You could have simply dealt with their insurance adjuster to quickly and easily receive the compensation you need to move on and focus on your recovery.
Ben Crump Law, PLLC wants you to know that this can be easier with our help. We can help you seek justice despite the fact that an uninsured driver caused your injuries.
An Indianapolis uninsured car accident lawyer can walk you through the steps of filing your case in Indiana. To learn more about how our team at Ben Crump Law, PLLC can help you fight for what you deserve, call us for a free consultation at (800) 598-7557.
We care about you and your recovery and do not want you to bear the worry of more expenses when you are already struggling financially. We want to take the burden off of your shoulders, not add another one. That is why we take no payment unless we win for you.
Call or text 800-959-1444 or complete a Free Case Evaluation form
