According to the Insurance Information Institute, 15.8% of drivers in Indiana were uninsured in 2019. If you are involved in an accident with such a driver in South Bend, this can complicate the aftermath because those drivers lack insurance coverage to compensate for your injuries. However, insurance companies often pursue uninsured drivers to recover the costs of paying their insureds through uninsured motorist (UM) or underinsured motorist (UIM) coverage.
Having an attorney is highly advisable for navigating the legal system and ensuring fair compensation when you have been injured by an uninsured driver. At Blackburn Romey, we handle these situations and advocate for clients dealing with uninsured motorist claims. Legal assistance will make a big difference in securing the deserved compensation and protecting your rights.
Contact a Car Accident Lawyer Near You
You may be entitled to compensation if an injury in an accident is caused by someone else’s negligence. However, it may be difficult to obtain compensation if the at-fault party has no insurance or is underinsured.
You should, therefore, take specific steps to protect your right to compensation, including:
According to Indiana Code 9-26-2-1, a motorist should file a car crash report if the accident traps someone in the vehicle, resulting in injury, death, or property damage worth at least $2,500. In addition to the above requirements, you can notify the police even when the accident results in minor damages.
When a police officer arrives at the scene, they’ll create a report you can rely on to file a claim or sue the at-fault party.
If involved in an accident with an uninsured driver, you’ll want to make sure you have evidence of how the crash occurred. Information about the collision’s occurrence is crucial in considering the at-fault driver.
Take steps to obtain the following information which may be necessary later:
It may be difficult to obtain information days after the crash, so collect as much information as possible.
You’re likely to sustain injuries even when involved in a minor accident. While many injuries have visible symptoms, symptoms of some injuries are not immediately apparent after an accident.
A medical examination can reveal any hidden issues. More importantly, a healthcare provider will create medical records for your injury. Subsequently, you can rely on medical records to prove fault and determine the extent of your losses.
Even if the insured driver promises to pay the losses associated with your accident, you should inform your insurer about the accident.
Here are the advantages of informing your insurance provider:
You should inform your insurer immediately after the collision. If you delay notifying your insurer, you could jeopardize your chances of obtaining compensation for your losses.
13.9 percent of motorists are uninsured in Indiana, which ranks 21st nationally. The national average for uninsured motorists is 14 percent.
If you’re injured in a car accident by someone without insurance, you’re likely to be left struggling with expensive medical bills and other substantial losses. You should, therefore, get in touch with an experienced car accident attorney for legal support in your quest for compensation.
Here’s how an attorney may be beneficial to your case:
Negotiations: Another critical reason to hire an attorney is the legal support they’ll offer during negotiations. An attorney will evaluate the merits of all settlement offers, prove the extent of your injuries, and negotiate for a fair settlement value for your losses.
Indiana law dictates that automobile insurance companies offer UM and UIM coverage in auto policies. The law also states that the UIM coverage should not be less than $50,000. While you can reject that coverage, you should never do so. In case of an accident with an uninsured driver, your insurer will pay for your damages up to your UM or UIM coverage limit so long as you have not rejected that coverage. However, this process may be challenging to handle on your own. You should consult a car accident attorney near Indianapolis to handle the uninsured motorist claims on your behalf.
Insurance companies will go after the uninsured driver to recover the amount they paid to you using a process called. This process allows them to recover costs incurred by compensating their policyholders for damages.
The doctrine of subrogation allows the insurer to step into the policyholder’s shoes and pursue legal action against the uninsured driver to reclaim the paid amounts. This process helps mitigate the financial burden on the insurance company and recoup losses.
Uninsured motorist coverage covers accident-related losses involved in an accident with a driver without liability insurance. You may also utilize underinsured motorist coverage if involved in an accident with an at-fault driver whose liability limits are too low to cover the medical expenses of those involved in the crash.
There is also an option for Uninsured Motorist Property Damage(UMPD), an additional coverage for catering damages to your vehicle caused by an uninsured driver. It may also cover damage to personal property like homes and fences.
Dealing with an uninsured motorist claim is not an easy task. A personal injury attorney will help you know your rights and provide counsel on the best course of action. This often involves filing an uninsured motorist claim with your own insurance company to seek appropriate compensation. This compensation encompasses various elements such as:
Furthermore, a personal injury attorney will negotiate settlements with the at-fault driver’s insurance carrier or with your own insurance company if the other driver was uninsured. They work to secure a fair resolution that adequately covers your damages. If negotiations prove insufficient, the attorney can escalate the matter by filing a lawsuit against the responsible driver and your own insurance company, pursuing legal avenues for just compensation.
Importantly, the attorney will keep you informed of legal deadlines, such as the statute of limitations. In Indiana, you have two years to file a personal injury lawsuit (Ind. Code § 34-11-2-4(1)). A personal injury attorney should initiate all necessary legal actions within this timeframe to safeguard your ability to seek compensation.
If you are facing challenges with an uninsured motorist claim in South Bend, you don’t have to navigate it alone. Enlist the help of a personal injury attorney from our firm. They’ll guide you through the legal system and pursue compensation for all your losses. Contact us today, and let’s review your case at no cost to you.
Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.
