When it comes to insurance, Indiana is a “fault” state. In an accident where another driver is determined to be at fault, you can recover compensation from their insurance company. In an accident with an uninsured driver, one of your options is likely filing a claim against your own uninsured/underinsured (UM/UIM) policy.
An experienced attorney at Gerling Law can help you learn more about how uninsured motorist protection helps you in case of an accident with an uninsured driver. We can help you collect the damages you are entitled to from your own insurance company.
What Does My Car Insurance Cover?
Indiana law requires that all drivers have at least 25/50/10 coverage. This includes a minimum of $25,000 liability coverage per person for bodily injury and $50,000 for each accident, and a minimum of $10,000 coverage for property damage.
Additionally, insurers must offer uninsured/underinsured motorist coverage with minimum coverage equal to the coverage under the driver’s liability policy. However, drivers have the freedom to decline this coverage as long as they do so in writing. An attorney can help you determine what is covered by your policy and file a claim with the insurance company.
What’s the Difference Between Uninsured and Underinsured Coverage?
At its simplest, the difference between uninsured and underinsured coverage is that uninsured coverage applies when the at-fault driver has no insurance, and underinsured coverage applies when the at-fault driver has some insurance but not enough to cover your full damages. In an accident with an uninsured or underinsured driver, your UM/UIM insurance bridges the gap.
Uninsured Coverage
If you have at least the state minimum for uninsured motorist coverage, you are protected if you are in an accident with a driver without insurance or if you are the victim of a hit-and-run accident. However, your potential compensation is limited by your policy amount. This is why an uninsured motorist policy should be higher than the state-required minimums. Uninsured motorist bodily injury coverage can provide compensation for:
- Pain and suffering,
- Lost wages, and
- Medical bills.
When you are injured in an accident that is not your fault, having uninsured motorist coverage ensures that you are not solely responsible for the cost of your injuries. This additional coverage provides peace of mind and a safety net for accidents out of your control.
If you don’t have uninsured motorist coverage, you may be able to sue the uninsured driver directly. However, if a driver does not have insurance, it follows that, more likely than not, you will be unable to collect compensation even if you win a judgment against them. This is why it is better to ensure you have the appropriate insurance.
Underinsured Coverage
So you’ve been in an accident, and the other driver is insured; you probably think any injuries or damages you’ve suffered are automatically covered. Sadly, this isn’t the case.
If the at-fault driver who hits you has the minimum insurance coverage required in Indiana and your damages exceed your policy limits, you could be left responsible for making up the difference. This is where having your underinsured motorist policy can assist. Your policy can cover the difference when the other driver’s policy limits are maxed out.
For example, if you have $55,000 worth of medical bills and the other driver only has the minimum required policy amount of $25,000, their insurer won’t pay for your bills in excess of $25,000. However, if your underinsured motorist policy has a limit of $50,000, then your policy will be liable for covering the remaining $30,000 not covered by the at-fault driver’s policy. Underinsured motorist bodily injury coverage can provide compensation for:
- Pain and suffering,
- Lost wages, and
- Medical bills.
However, if you have significant damages, it is possible for both the other driver’s and your policies to be maxed out. If this occurs, it may be difficult to collect your remaining damages. An attorney can examine your situation and determine whether there may be other responsible parties or insurance policies.
Get Help from an Uninsured Motorist Accident Lawyer
If you’ve been in a car accident with an uninsured driver, let an experienced attorney from Gerling Law help you. With over 50 years of putting clients first and over $500 million recovered, our team of skilled, passionate, and determined attorneys can help you get your life back. Contact Gerling Law for your free consultation today.
