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Licensed auto and home insurance agent
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Licensed property and casualty insurance agent
10+ years editing experience
NPN: 21630969
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Licensed property and casualty insurance agent
10+ years editing experience
NPN: 20461358
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Under Indiana law, drivers must carry liability insurance, but some people drive without it.[1] What happens if the at-fault driver in an accident has no insurance in Indiana depends on the type of insurance coverage you have.
When an uninsured driver causes a car accident or a hit-and-run, you might need to file a claim through your own insurance. Your policy may help cover losses if you have collision or uninsured motorist coverage.
You can pursue legal action to get compensation against the at-fault driver for personal injury, lost wages, and property damage. Indiana allows you to sue for economic and non-economic damages, such as pain and suffering.[2]
The first thing to do after an accident with an uninsured driver is to get yourself to safety. Once you’re safe, report the crash and begin documenting what happened.
Move your vehicle to a safe location if it’s blocking traffic.
Call 911 if anyone is injured and request medical assistance.
If no one is injured, contact law enforcement and wait for officers to arrive.
An auto accident with an uninsured driver can feel overwhelming. Taking the right steps can strengthen your uninsured motorist claim and limit your out-of-pocket costs.
Seek medical attention if needed. See a medical professional, even if your injuries seem minor.
Exchange insurance information. Swap contact, insurance, and vehicle information with the other driver.
Document the accident scene. Take photos of vehicle damage, injuries, location, and road conditions.
File a police report. Notify law enforcement to file a crash report if there’s bodily injury, death, or property damage over $1,000.[3]
Notify your insurance company. Report the crash and ask about the coverage available under your policy to file a car accident claim.
Consider contacting a car accident attorney. Many Indiana car accident lawyers typically offer a free case evaluation and can explain your legal options.
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Your own Indiana insurance policy typically pays after an accident with an uninsured driver. How it pays depends on the type of coverage you have.
Your insurance company may pay for some or all of your expenses if you have collision, medical, or uninsured motorist coverage. But your insurance won’t pay in some situations, like if you only have liability coverage.
Check out the table below for different scenarios and who pays.
Scenario | Who Pays for Damages and Injuries |
|---|---|
| You have uninsured/underinsured (UM/UIM) coverage | Your insurer coverage may cover your vehicle damage and injuries up to your policy limits |
| You have collision coverage | Your insurer may pay for your vehicle repairs, minus your deductible |
| You have medical payments coverage (MedPay) | Your insurer may cover your medical expenses up to your policy limits |
| You have only liability coverage | You’ll have to pay out of pocket or consider taking legal action against the uninsured driver for compensation |
| You sue the uninsured driver | The at-fault driver pays if the court awards a judgment |
In most cases, filing an insurance claim under your own policy is the fastest and most reliable way to get compensation after a car accident involving an uninsured driver.
Several types of car insurance coverage can be helpful if you’re in an accident with an uninsured driver. Most are optional in Indiana and will pay only up to your policy limits.
Here’s a breakdown of each coverage type, what it covers, and whether Indiana requires it.[4] [5]
Coverage Type | What It Covers | Required in Indiana? |
|---|---|---|
| Personal injury protection (PIP) | Medical bills, lost wages, household help, and burial and funeral costs | Not available |
| Medical payments coverage (MedPay) | Medical expenses for injured parties in your vehicle | No |
| Uninsured/underinsured motorist coverage (UM/UIM) coverage | Damages someone else causes who doesn’t have insurance or not enough liability coverage to pay for your damages and injuries | Yes, but you can decline in writing |
| Collision coverage | Your vehicle repairs or replacement if it’s a total loss | No, but lenders usually require |
| Comprehensive coverage | Non-collision damage to your vehicle, such as animal strikes, theft, vandalism, or weather | No, but lenders usually require |
Indiana is an at-fault state, not a no-fault state. This means the driver who causes a car accident is responsible for paying for injuries and damages. Like most states, Indiana has minimum car insurance requirements that require drivers to carry liability coverage.
When the at-fault driver has insurance, injured parties typically file claims against that driver’s insurance policy. But if the driver doesn’t have insurance, you’ll need to rely on your own policy. In these cases, it’s worth keeping the UM/UIM coverage your insurer offers instead of declining it.
If you don’t have health insurance or have a high deductible health plan (HDHP), consider adding MedPay to your policy. It can help cover your medical expenses when you’re injured in an accident, no matter who’s at fault.
Driving without insurance in Indiana can lead to serious financial and legal consequences, especially if you’re involved in an accident.
Suspension of license and registration: The Indiana Bureau of Motor Vehicles (BMV) may suspend your driving privileges and require SR-22 insurance (proof of state-minimum coverage submitted by your insurer) for 180 consecutive days.
Lawsuit: An injured person may sue you for medical expenses, lost income, property damage, and other losses. The court can award up to $700,000 in damages, up to $5 million for wrongful death claims, and up to $50,000 in punitive damages (additional compensation).
Fees: You’ll have to pay reinstatement fees or get SR-22 insurance to reinstate your license. Reinstatement fees cost $250 for the first offense, $500 for the second, and $1,000 for the third and subsequent offenses.
Insurance issues: Future insurance coverage may become more expensive and hard to get after a no-insurance violation is added to your driving record. Some insurers may consider you a high-risk driver, especially if you need an SR-22 form, which may limit your insurance options.
Inability to collect non-economic damages: Indiana’s “no-pay, no-play” law may prevent you from recovering non-economic damages, like pain and suffering, if you were uninsured at the time of the crash and have a previous violation of Indiana’s financial responsibility laws.
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Yes. Indiana allows injured parties to sue an uninsured driver for compensation to recoup their losses after a car accident. But lawsuits can take time and be costly. Even a successful case doesn’t guarantee payment. Filing a claim under your own policy is the most effective way to get compensation.
Here are some things to keep in mind if you’re thinking about suing an uninsured driver in Indiana.
A personal injury attorney can file a lawsuit on your behalf for compensation for your accident-related losses. Recoverable damages may include medical expenses, future medical treatment, lost income, pain and suffering, and other losses. You must file the lawsuit within two years of the accident date.
The law firm must prove that the other driver was at fault. You’ll also need to provide proof of loss, like medical bills, doctor treatment plans, and wage loss forms.
If you win, the uninsured driver is legally responsible for paying the awarded damages. But if you’re found partially at fault in the accident, it can reduce your award amount due to Indiana’s modified comparative fault rule. For example, if you’re found 10% at fault and the court awards you $20,000, you can only recover $18,000.
Property damage claims focus on vehicle repair or replacement costs and damage to personal belongings. In Indiana, uninsured motorist property damage (UMPD) can cover damage to your vehicle and personal property in your car, such as your phone or laptop.[6]
If your UMPD coverage falls short, going to court could help you recoup those losses. If your lawsuit is successful, the uninsured driver has to pay the amount awarded by the court.
Many cases settle before trial, which can help reduce your attorney costs. During settlement negotiations, the parties work together toward an agreement without asking a judge or jury to decide the outcome. The uninsured driver must pay the settlement amount.
Although avoiding court can lower your lawsuit costs, settling can also reduce your claim award.
Even if you win a lawsuit, recovering the money can be hard, especially if the uninsured driver has few assets or limited income. Some drivers simply don’t have the resources to pay a judgment.
Before filing a lawsuit, it’s a good idea to compare the potential judgment award to the time and cost involved. Many personal injury lawyers offer a free consultation to help you decide if it’s worth it.
Getting into a crash with an uninsured driver can leave you with questions about insurance coverage, vehicle repairs, and your legal options. Here are answers to some common questions Indiana drivers ask after an accident involving an uninsured motorist.
Yes, Indiana law allows you to sue an uninsured driver for damages they cause in a crash. But even if you win a judgment, collecting money can be difficult if the driver has limited income or assets.
You may still be able to get compensation from the at-fault driver for your injuries and property damage. But it’s illegal to drive without insurance in Indiana, so you may face fines, driver’s license suspension, and other penalties.
If your losses exceed your coverage limits, you may have to pay the remaining costs out of pocket. If your policy includes UM coverage, it may help cover damages when the at-fault driver’s insurance isn’t enough.
In Indiana, the at-fault driver is responsible for paying for vehicle damages. But if they don’t have insurance or enough liability insurance to cover all your damages, your own policy may help pay for it if you have UM/UIM coverage.
Some traffic lights may not detect two-wheel vehicles at intersections. Indiana’s dead red law allows motorcyclists and other two-wheeled motor-driven cycles to cautiously proceed through a red light after waiting at least 120 seconds.
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Licensed auto and home insurance agent
4+ years experience in insurance and personal finance editing
NPN: 20564519
Featured in
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 21630969
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 20461358
Featured in
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