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What you need to know about Indiana's No-Pay, No-Play law

Lafayette, IN auto accident attorney

According to the Insurance Information Institute, Indiana ranked No. 8 in the nation for having the highest rate of uninsured drivers in 2015 at 16.7 percent. Florida had the highest rate at 26.7 percent.

The No-Pay, No-Play law applies specifically to traffic accident cases involving uninsured drivers. Most drivers injured in a crash are able to file a car accident claim and collect both economic and noneconomic damages from the at-fault driver's insurance company.

The No-Pay, No-Play law, however, prohibits uninsured drivers who were hurt in a crash from collecting noneconomic damages. Indiana is one of only eleven states that have this law in place.

What are the minimum insurance requirements in Indiana?

Indiana drivers are required to carry an auto insurance policy of $25,000 that covers:

  • Bodily Injury Liability — Pays for injuries sustained in a crash up to the policy limit
  • Property Damage Liability and Collision — Pays for car and property damage up to the policy limit
  • Medical Payments — Pays for medical expenses for vehicle occupants up to the policy limit
  • Comprehensive — Pays for car damage caused by environmental factors, as well as loss and theft

What are noneconomic damages in Indiana?

Under state code (IC 34-30-29.2-2), noneconomic damages cover:

  • Pain and suffering (both physical and emotional)
  • Physical impairments
  • Mental anguish, emotional distress, and loss of life enjoyment
  • Loss of companionship, services, and consortium (also included in wrongful death suits)
  • Any other nonpecuniary loss due to a crash

Noneconomic damages don't apply to any of the following:

  • Medical care, physical therapy, and rehabilitation
  • Medical costs
  • Loss of potential earnings, productivity, or other opportunities
  • Support costs
  • Injuries sustained in accidents
  • Any other pecuniary loss due to a crash

What should I do if I'm injured in a crash?

If you are currently uninsured and you were involved in a crash with a negligent driver, you may still be eligible for compensation for your medical expenses and lost wages if you aren't able to attend work. It's important that you discuss this matter with an experienced Indiana car accident attorney as soon as possible to explore the legal options available to you — even if they are limited.

If you were injured in a crash with an uninsured driver, you may be compensated from your own insurance company if you have personal injury protection (PIP) insurance, which covers medical expenses accrued from a crash up to the policy limit.

If you're unsure what course of action you should take after a crash, the best thing you can do is consult with an attorney. To learn more, contact Vaughan & Vaughan, located in Lafayette, to schedule your free case evaluation.

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