Under Indiana state law, all motor vehicle owners are required to have car insurance. Anyone who fails to abide by this rule may not only face steep fines and other penalties, but also may have a far more limited right to file a civil suit in the event someone else injures them by causing an auto accident.
Whether you are an uninsured driver trying to sue an insured driver or you need to take legal action against an at-fault driver without insurance, a seasoned car accident lawyer could help you obtain the compensation you deserve. If you are dealing with the aftermath of an uninsured/underinsured car accident in Merrillville right now, contacting The Law Offices of David W. Holub for assistance should be among your top priorities.
Can Uninsured Drivers Sue Over Car Crashes?
Whether someone involved in an auto accident in Merrillville is properly insured or not has no bearing on who is legally at fault for causing the wreck. Even if someone is breaking the law by driving without auto insurance, they can still demand civil compensation from another person who is liable for the crash based on their reckless or careless actions behind the wheel. In some cases, they can even file a claim against the liability insurance held by the responsible party.
That said, Indiana’s “No Pay, No Play” law does prohibit uninsured motorists with a previous violation (except if they are under age 18) from seeking compensation for non-economic losses stemming from a car crash, regardless of how severe their injuries are or how long those injuries will negatively affect their life. These non-economic losses include physical pain, emotional anguish, and lost enjoyment of life. See Ind. Code § 34-30-29.2 et seq.
Recovering Compensation from an Underinsured Driver
While there are no such legal restrictions on the right of an insured driver to file a lawsuit against an uninsured driver who caused a car accident in Merrillville, there is another practical obstacle to consider. Put simply, recovery through insurance after a car wreck is reliant on filing a claim against the liability insurance held by the other party or parties involved in the wreck. However, if the person at fault has no insurance coverage, this is not possible.
Fortunately, all Indiana auto insurance providers are required by law to offer uninsured/underinsured motorist coverage (UIM) as part of their policies. While the specific limits may vary, UIM generally provides:
- $25,000 to $50,000 of injury coverage for crashes caused by uninsured motorists
- At least $50,000 for crashes covered by underinsured motorists
- $25,000 for property damage in both scenarios
Policyholders must specifically reject this coverage in writing in order for it not to be included in their policy.
Get Help from a Merrillville Attorney After an Uninsured/Underinsured Car Accident
Dealing with insurance after an auto accident is never an enjoyable experience, but it is certainly preferable to having no insurance at all. Unfortunately, this is common among Indiana drivers despite the various state laws that should prevent it. For help getting paid fairly after an uninsured/underinsured car accident in Merrillville, call our team at The Law Offices of David W. Holub.