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I have insurance, but the driver who hit me didn't. Now what?

Indiana is a “fault” state for car insurance purposes. This means that when you are in a car accident and another driver is determined to be at fault, you can seek compensation from that driver’s insurance company. However, if that driver does not have insurance, your options are more limited. You can file a claim with your own insurer to repair the damage to your car if you have “comprehensive” or “collision” coverage. Most drivers will carry a form of coverage known as "uninsured motorist coverage." And while it's not the law to do so, it is not uncommon to see it in most insurance policies.

How Uninsured Motorist Coverage Works

In Indiana, you are not required to carry car insurance, but if you choose not to purchase a policy, you must demonstrate “financial responsibility” by releasing information about your personal assets and income to the Indiana Bureau of Motor Vehicles. However, most people meet this requirement by simply buying minimum car insurance coverage.

In Indiana, you do not have to carry uninsured motorist coverage, but you must refuse the coverage in writing. If you have uninsured motorist coverage, and it's confirmed that there is no other coverage for the at-fault driver, then we will be asking your insurance company to compensate you for your medical bills, lost wages, pain and suffering, as well as the damage to your car. The first step our office will take in this instance is to verify there are no other applicable coverages for the driver that struck you, and we do this by performing various background checks.

You Have a Right to Compensation

Some people are hesitant to file an uninsured claim for their car accident. However, it's critical that you not feel this way if it's the only coverage available. You pay monthly premiums for this protection, and it's important that you use it. When you work with the car accident attorneys at Keller and Keller, we will exhaust every avenue of compensation to ensure you make a full recovery.