Aggressive Representation When the Other Driver Has No Insurance
Being involved in a car accident is stressful enough, but discovering that the negligent driver who hit you is uninsured adds a layer of fear and uncertainty to an already traumatic situation. Whether you were struck on the I-465 loop, involved in a hit-and-run near Monument Circle, or rear-ended by an uninsured motorist while commuting through Broad Ripple, you deserve justice.
You shouldn’t have to bear the financial burden of another person’s decision to break the law by driving without coverage. Our Indianapolis uninsured motorist lawyers can fight for your rights under your own insurance policy to help you recover the compensation you deserve.
At Vaughan & Vaughan, we have spent more than 110 years standing up for the rights of injured Hoosiers. Our firm was founded in 1913, and through three generations of the Vaughan family, we have built a reputation for fearless advocacy.
We understand how the Indianapolis legal and insurance systems operate, and we are committed to helping our neighbors obtain the compensation they need to move forward. If you were hit by an uninsured driver, our family is ready to fight for yours.
Your Case Will Get
The Attention It Deserves
Why You Should Trust Vaughan & Vaughan for Your Uninsured Motorist Claim
Many people mistakenly believe that if the at-fault driver has no insurance, there is no way to recover money for medical bills and lost wages. This is often untrue. We work to find avenues for recovery even in the most challenging circumstances.
When you partner with the Vaughan & Vaughan team, you’ll receive these benefits:
- Elite Board-Certified Advocacy: Attorney Charles V. Vaughan is board-certified in Civil Trial Law and Civil Practice Advocacy by the National Board of Trial Advocacy. This elite certification—held by fewer than 20 attorneys in our state—demonstrates a level of courtroom skill and experience that insurance companies respect. When we take on your case, the insurer knows we have the credentials to win if negotiations fail.
- The CDL Advantage: If your accident involved a delivery vehicle or an uninsured commercial truck, Attorney Charles J. Vaughan’s experience provides a unique edge. He holds a Class A Commercial Driver’s License (CDL), providing him with an insider’s understanding of the mechanical and safety regulations governing larger vehicles. This technical knowledge allows us to identify negligence that others might miss.
- A Century of Results: We are one of Indiana’s most established personal injury firms. Since 1913, we have successfully navigated shifting insurance laws and fought for landmark justice. Our personal injury lawyers have the resources to handle complex litigation against large insurance carriers who may try to deny your own claim.
- 24/7 Availability: Legal emergencies don’t happen only during business hours. We are available day and night to answer your call and begin investigating your Indianapolis accident.
- No Upfront Costs: We represent motor vehicle accident injury victims on a contingency fee basis. We advance all costs, and we only receive a fee if we successfully recover money for you.
There is no fee
unless you win
Understanding the Basics of Uninsured Motorist (UM) Coverage in Indiana
In the “Crossroads of America,” traffic volume is high, and unfortunately, so is the number of uninsured drivers. According to data from the Insurance Information Institute, nearly one in seven drivers on the road is uninsured. To protect Hoosiers, Indiana law requires insurance companies to include Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage in every policy unless it is rejected in writing.
How UM Coverage Works
If you are hit by a driver who has no liability insurance, or if you are the victim of a hit-and-run, your own UM coverage essentially steps into the shoes of the at-fault driver’s missing insurance. Your insurance company becomes the source of your recovery.
What is Underinsured Motorist (UIM) Coverage?
UIM coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover your total damages. For example, if you have $100,000 in medical bills but the other driver only carries the Indiana state minimum of $25,000, your UIM coverage can bridge the gap.
We Fight For Full Damages After an Indianapolis Accident
In a personal injury claim, “damages” is the legal term for the financial compensation you seek to make up for your losses. Just because you are filing a claim against your own insurance policy does not mean they will automatically pay you what you deserve. Insurance companies are corporations focused on their bottom line, and they often try to minimize the value of UM/UIM claims.
We fight to secure the maximum possible recovery for:
- Comprehensive Medical Costs: This includes emergency room care at hospitals like IU Health Methodist, Ascension St. Vincent, or Eskenazi Health, as well as surgeries, physical therapy, and diagnostic tests.
- Lost Wages and Future Earning Capacity: If your injuries prevent you from returning to your job in Indianapolis or elsewhere, we pursue compensation for the income you’ve lost and the money you would have earned in the future.
- Pain and Suffering: This accounts for the physical pain and emotional distress caused by the accident and your subsequent recovery.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in the activities you love—whether that’s attending games at Lucas Oil Stadium or spending time in Eagle Creek Park—we fight for compensation that reflects that loss.
Navigating Indiana Laws: Statute of Limitations and Allocating Fault
Indianapolis accidents involving uninsured motorists are subject to the same strict legal rules as any other car crash, making it essential to speak with an experienced car accident lawyer as soon as possible.
- The Two-Year Deadline: Under Indiana law, you generally have only two years from the date of the accident to file a lawsuit. Even if you are dealing with your own insurance company, this deadline is critical. Waiting too long can permanently bar you from recovering any compensation.
- Modified Comparative Fault: Indiana follows a 51% rule for negligence. You can still recover damages after accident through a UM claim even if you were partially at fault for the accident, provided you are not 51% or more responsible. We utilize our decades of experience to thoroughly investigate the facts and help ensure that the fault is properly assigned to the uninsured driver.
- Legal Transparency: We provide a clear, easy-to-understand explanation of your policy and your rights. We believe that an informed client is a more empowered one.
Why Your Own Insurance Company Might Fight You
When you file an Uninsured Motorist claim, your relationship with your insurance company changes. They are no longer your “neighbor”—they are now the opposing party in a legal claim. They may try to argue that your injuries weren’t that serious, that you were the one at fault, or that your policy doesn’t cover the specific circumstances of the crash.
At Vaughan & Vaughan, we are fearless in the face of these tactics. Because Attorney Charles V. Vaughan is board-certified, the insurance companies know that we have the skills to take them to court if they refuse to act in good faith. We handle all negotiations, paperwork, and legal filings so you can focus on your health and recovery.
How You Can Take Action After an Uninsured Motorist Accident
If you have been injured, the hours and days following the accident are critical. Whether you are recovering at Methodist Hospital or resting at home, taking these steps can protect your legal rights:
- Call Vaughan & Vaughan: Our team can review your insurance policy to identify the full amount of UM/UIM coverage available and begin building your case for maximum recovery.
- Obtain the Official Crash Report: Even if the other driver had no insurance, the police must document the accident. We can request a copy of the official police report on your behalf to ensure it correctly identifies the driver and any witnesses of accident.
- Contact Your Insurance Provider (Briefly): You are typically required to notify your insurance provider of an accident within a specific timeframe. Only provide the basic facts (time, location, and the other driver’s information), but do not give a recorded statement about your injuries until you have spoken with us.
- Preserve Proof of the Other Driver’s Uninsured Status: Keep a copy of any documentation showing the other driver’s lack of insurance or the fact that they fled the scene.
- Stay Committed to Medical Care: Insurance adjusters look for “gaps in treatment” to argue you weren’t truly hurt. Attend all follow-up appointments and physical therapy sessions as directed by your doctors.
- Maintain a Recovery Journal: Document your pain levels and how the injury has affected your daily life. This helps us quantify non-economic damages, such as pain and suffering.
FAQs About Indianapolis Uninsured Motorist Claims
Can I file a claim if I was the victim of a hit-and-run?
Yes. In Indiana, hit-and-run accidents are generally covered under your Uninsured Motorist (UM) policy. Because the driver is unknown, the law treats them as being uninsured. We can also collaborate with local Indianapolis authorities to search for security camera footage or identify witnesses to assist in locating the vehicle. Regardless of whether the driver is found, we can pursue a claim through your own policy.
Will my insurance premiums go up if I file a UM claim?
Under Indiana law, if the accident was not your fault, your insurance provider is generally prohibited from increasing your rates or cancelling your policy simply because you utilized the UM/UIM coverage you pay for. This coverage is designed specifically to protect you in these exact situations.
What if I was a passenger in a car that was hit by an uninsured driver?
If you were a passenger in a vehicle that was struck by an uninsured driver, you may be able to file a claim under the driver’s UM policy or your own personal UM policy. “Stacking” and secondary coverage rules in Indiana can be complex, and we can help you determine which policies are available to cover your medical expenses and lost wages.
Can I file a UM claim for property damage only?
Yes, Uninsured Motorist Property Damage (UMPD) is a separate part of your policy. If your vehicle was totaled or damaged by an uninsured driver in Indianapolis, you can file a claim to have the repair or replacement costs covered, typically subject to a small deductible.
What if I don’t have Uninsured Motorist coverage on my policy?
If you did not specifically reject UM coverage in writing, Indiana law assumes you have it. If your policy truly does not include it, we can investigate other potential sources of recovery, such as filing a lawsuit directly against the at-fault driver’s personal assets or looking for other third-party liability (such as a vehicle defect or dangerous road condition).
Contact Our Fearless Indianapolis Uninsured Motorist Lawyers to Learn More Today
Don’t let an uninsured driver’s mistake destroy your financial future. Trust a firm with a 110-year legacy of standing up for injured Hoosiers. At Vaughan & Vaughan, we have the board-certified leadership and technical insight necessary to challenge the toughest opponents.
Call us 24/7 at (765) 742-0056 or complete our online contact form for a free, no-obligation consultation. Let our family help yours through this difficult time.
