Injured in an Accident Without Car Insurance

January 15, 2020 | Car Accidents,Personal Injury

Getting into a car accident can be a scary experience. The aftermath of an accident can be incredibly confusing, especially when you are dealing with property damage or any injuries. However, what happens if you were involved in a car accident and did not have insurance?

At Fountain Law Firm, we want to discuss this scenario with you. Studies show that there are as many as 32 million uninsured drivers in the United States. While it is always in every driver’s best interest to have insurance, understanding what steps to take after an accident without insurance is important.

What if I Didn’t Cause the Accident?

If you are not at-fault in a car accident but do not have insurance, you could still be held liable for any injuries and property damage through a personal injury lawsuit brought by the other party. However, if the other party was at fault in the incident, you could still be entitled to compensation for your injuries and property damage. You will still need to prove the other driver’s fault.

We need to point out that Indiana is one of 11 “no pay, no play” states. In Indiana, this means that an uninsured driver who is hit by another person cannot recover compensation for damages if they were uninsured at the time of the crash AND they have a prior violation of the law, including:

  • A previous uninsured crash, AND
  • Proof of insurance violation within the five years preceding the incident

Is Indiana an At-Fault State?

Indiana is an “at-fault” state, meaning that the person who is found to be at-fault for the incident is responsible for covering damages. The person who is injured will file a claim with the at-fault driver’s insurance carrier first. They will only use their own coverage under their uninsured motorist/underinsured motorist coverage after the other driver’s limits have been exhausted. Injured motorists can also file personal injury lawsuits against the at-fault driver in Indiana.

Drivers in Indiana are required to carry the following minimums:

  • $25,000 per accident for property damage caused by the driver
  • $25,000 for any bodily injury or death to a person from an accident caused by the driver
  • $50,000 for total bodily injury or death liability from an accident caused by the driver

Because Indiana is an at-fault state, it is important that you speak to an attorney soon after an accident happens. Your attorney will understand the importance of gathering all evidence related to the incident in order to prove the other driver’s liability. The at-fault driver’s insurance carrier will most certainly do everything possible to limit the amount of money they have to pay out in a settlement. Your attorney will work to counter their tactics. Even if you did not have insurance at the time of the crash, this should not mean an at-fault driver should get away with negligence.

Have more questions? Contact a local Accident Attorney

If you or somebody you care about has been injured in a car accident, but they did not have insurance at the time of the incident, you may need to speak with an Indianapolis car accident attorney as soon as possible. At the Fountain Law Firm, we are standing by to answer any questions or concerns you may have about your case. You can contact us for a free consultation of your case or by calling (317) 917-7873.

To protect you from Coronavirus, we are now offering a quick easy REMOTE intake process. Learn More.