The cost of recovering from a car accident can often prove as stressful, if not more so, than the accident itself. Indiana does give injured drivers the right to take legal action against the parties responsible for car accidents, but doing so doesn’t always work out in the injured party’s favor.
Drivers who take to Indiana’s roads without insurance, for example, may not have the means to pay out the damages they owe to an injured party. What, then, are you supposed to do in the wake of an accident with an uninsured driver, and can you recover anything at all?
Vaughan & Vaughan car accident lawyers in Indiana can help you answer these questions following an accident. You can turn to our team for legal guidance and representation should you choose to bring your losses to a judge’s attention.
Assigning Blame for a Roadway Accident
At first glance, it may seem like an uninsured driver bears the brunt of the blame for your recent accident. That might not be the case, though. You have the right to work with an Indiana car crash attorney to determine whether the blame for your losses falls on that driver or a related party.
You may even have the right to divide fault for your losses between an uninsured driver and a third party, like a construction crew, government official, or even another private motorist. You can discuss this division of fault with an attorney and determine if you couldn’t receive the compensation you deserve more effectively under those divided circumstances.
Note, though, that no matter who or what combination of people you want to hold liable for your losses, you must submit proof of their negligence if you want to move a case forward. You can integrate that evidence into a personal injury claim, submit that claim within Indiana’s statute of limitations, and argue your case accordingly should you choose to move forward.
Relying on Under- or Uninsured Motorist Coverage
Indiana does not require you to invest in any more coverage than its minimum liability coverage. That said, other types of insurance can protect you from harm should you get into an accident. Under- and uninsured motorist coverage specifically helps you address losses incurred in an accident with an unprotected driver.
Unfortunately, investing in underinsured or uninsured motorist coverage after you’ve been in an accident doesn’t do you a lot of good. If you have a policy in place ahead of time, though, you can request that an attorney mediates between you and any insurance claim adjusters who come knocking on your door.
Our team can ensure that insurance claim adjusters don’t try to bulldoze you with settlement offers before investigating the total value of your accident. In that same vein, we calculate the value of your losses on our own time so that we have an estimate to refer back to throughout conversations about the coverage you deserve.
MedPay Can Prevent Overwhelming Bills
Indiana does not offer personal injury protection, or PIP, which might otherwise protect you from car accident losses. The state does, however, offer MedPay, which can address your car accident’s medical expenses no matter who caused your accident.
If you invest in this coverage ahead of time, you won’t need an uninsured driver’s help to pay for emergency services or your long-term care.
The Pros and Cons of Suing an Uninsured Driver
So long as you can bring forward the evidence you need to indicate that an uninsured driver’s negligence resulted in your accident, you can take up a civil lawsuit against them. That said, seeing that lawsuit through to its conclusion doesn’t always get you the financial support you need to recover from your losses.
That’s why it’s important to weigh the pros and cons of suing an uninsured driver before filing a lawsuit with a civil judge. An Indiana car accident lawyer can help you navigate this process before you commit to a course of action.
The Pros of Filing a Lawsuit
If you choose to move forward with a car accident lawsuit against an uninsured driver, you do have the right to demand damages for your losses. You do not have to restrict your request for damages based on an assumption regarding the at-fault party’s financial situation. An attorney can help you bring forward the evidence you need to make your case.
If the uninsured driver didn’t invest in insurance due to personal negligence and not a lack of funds, pursuing that lawsuit may see you receive total compensation for your losses.
Filing a lawsuit also allows you to stay in control of the narrative surrounding your case. If you opt out of legal action, the uninsured driver may overstate your role in the accident and blame any losses they endured on you.
The Cons of Filing a Lawsuit
Unfortunately, some uninsured drivers on the road today don’t have the resources to make regular insurance payments. While that doesn’t make their behavior acceptable, it does mean that taking up a lawsuit against them won’t pay out many, if any, dividends. Even if you go through the process of filing a claim, you may not receive compensation for your losses.
The good news is that you can get ahead of these surprises by conversing with your attorney and the at-fault party ahead of time. While the at-fault party may not have the responsibility to disclose the details of their financial situation with you, an attorney can investigate their circumstances and determine the value of any lawsuit you might pursue.
Let’s Discuss Your Uninsured Driver Accident Today
Uninsured drivers actively endanger everyone around them on the road while also violating Indiana state law. If you get into an accident with an uninsured driver, you may find that it’s not profitable to try and sue that driver for accident-related damages.
That said, don’t rule out your right to legal action. You can meet with Indiana car accident attorneys through Vaughan & Vaughan and discuss the losses relevant to your case. You can then work out a course of legal action that may best benefit you financially. Contact us through our online contact form or by phone to schedule your case evaluation today.