Do Insurance Companies Go after Uninsured Drivers?

Feb 2

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.


How Do Insurance Companies Work in the Case of an Uninsured Driver?

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 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.


What Will a Car Accident Attorney Do?

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:

  • Medical bills
  • Property damage
  • Lost wages and earning capacity
  • Bodily injuries
  • Emotional trauma 

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.


Let an Indiana Personal Injury Attorney Help 

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. 


Tom Blackburn

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.

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