When another driver who was not paying attention hits you and takes off, it can be stressful You know you were minding your own business and you were not at fault, you know someone else did this to you, but you're concerned you will not be able to prove what happened. Fortunately, under Indiana law, you have a right to be compensated by your own insurance company, if you have uninsured motorist coverage. A skilled Michigan City Car Accident Lawyer can help you fight for the compensation you deserve, even if the other driver was uninsured or took off after the accident.
Indiana Uninsured Motorist Coverage
Don't let a driver who decides to drive without insurance complicate your car accident claim.
If you are in doubt about what type of insurance coverage Indiana law requires, you can go directly to theIndiana Department of Insurance for answers. Specifically, Indiana requires:
Each newly written Indiana auto liability policy must include uninsured and underinsured motorist's coverage unless you reject this in writing. Minimum liability limits are:
- Uninsured Motorists: Bodily Injury: $25,000/$50,000
- Property Damage: $25,000
- Underinsured Motorists: Bodily Injury: $50,000
But, for the sake of simplicity, all Indiana insurance policies include uninsured motorist coverage. However, you have the ability to waive uninsured motorist coverage, which is probably one of the stupidest decisions an Indiana driver can make.
Situations Uninsured Motorist Insurance Will Cover
In general, uninsured motorist coverage is designed to cover two general situations in Indiana
Uninsured at-fault drivers
If the driver who causes a crash doesn't have bodily injury insurance or their insurance companies rescinds the insurance policy for some reason, then you can file a claim with your own insurance company. Of course, your insurance company has a right under your policy to request proof that the other driver is uninsured. Proving the other driver is uninsured, can be difficult depending on the facts and circumstances of the claim, however, an experienced car accident lawyer can track down the information.
Hit and run accidents
We all know what a hit and run accident is. The knucklehead who causes the accident decides to take off. In these cases, it can be very difficult to prove liability or obtain compensation from the other vehicle. But the good news is uninsured motorist coverage is designed for this reason as well. Sadly, some Indiana car insurance companies will try to avoid paying in these situations.
Accidents that Uninsured Motorist Insurance Will NOT Cover
There are accidents that your uninsured motorist policy will not cover:
Miss and Run
This type of accident happens like this. You are traveling around a bend on a two-lane highway and the other car crosses the center line. You quickly turn your wheel and avoid the accident but end up losing control and crashing your car. If there was no contact with the other vehicle, the claim will not meet the definition of an uninsured motorist claim in your Indiana car insurance policy.
The Phantom vehicle
If you claim that a phantom vehicle ran you off the road, and you hit a pole, you would generally have to have some evidence that another vehicle was involved in the accident. Video proof, a witness, or some other type of evidence may help. But a completely unwitnessed phantom vehicle crash is usually denied by the insurance company.
Passengers in non-owned vehicles
Uninsured motorist coverage is designed to protect you and your passengers from injuries in your car. When you are in a vehicle that you do not own (i.e. loaners, car dealership test drivers, or rental cars), some uninsured motorist insurance policies will exclude your passengers' injuries. This is why it's important for all folks in Indiana to carry auto insurance. If the passenger had his own insurance policy, he could make an uninsured claim.
You caused the Accident
If you are at fault for the accident, you cannot make a claim for your injuries. If you carry medical payments coverage on your auto insurance, you will have some money to pay your medical expenses if you were injured, but you cannot receive compensation for wage loss or pain and suffering.
Getting Help With Your Michigan City Uninsured Motorist Claim
If you've been injured in a car accident with a driver with no insurance, you deserve representation to help you recover for your injuries, even if it means fighting your own insurance company. We work hard to recover compensation for our clients, and we never take a fee unless we can obtain recovery. Call Guy DiMartino Law today at (219) 690-8997 to get your questions answered.