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If I don’t have insurance at the time of an accident, can I still make a claim against the other driver?

As a driver in Indiana, you are required by law to carry appropriate auto insurance. If you are caught without insurance, you are subject to fines and a suspension of your license. As of 2015, you may also forfeit your right to collect from an at-fault driver’s insurance policy. Under a statute known as “No Pay, No Play,” Indiana drivers who do not have the required car insurance for their own vehicle may not be able to collect all the damages an insured driver would be able to.

How “No Pay, No Play” Works

In an effort to crack down on uninsured drivers in Indiana, the state legislature passed the “No Pay, No Play” program to withhold certain privileges from uninsured drivers. Under the program, an uninsured driver would be eligible to collect all damages—including non-compensatory damages such as payment for pain and suffering—the first time they are in an accident without insurance. If they are in another accident that was not their fault and are still not insured, however, they will only be eligible for compensatory damages. The legislature also doubled the fines charged for driving without insurance.

Insurance Required in Indiana

Under state law, if you own a car in Indiana, you must carry liability insurance in the following amounts:

  • Bodily injury coverage of $25,000 per person and $50,000 per accident
  • Property damage coverage of $10,000

While you are not required to carry uninsured motorist coverage, it will be automatically included in your state-minimum policy. To have it removed, you will have to make a request in writing. However, we highly recommend carrying uninsured motorist coverage as 16 percent of Indiana drivers do not have insurance. If an uninsured driver causes an accident and you are seriously injured, you will need the uninsured motorist policy to help pay your medical expenses and make up for lost wages.

Always Carry Auto Insurance

Not only is not having auto insurance illegal, it is very risky. Even if you are not at fault in an accident that leaves you injured, you may not be able to make a full recovery of damages if you do not have insurance. We recommend purchasing the most coverage you can afford and staying up with payments. Otherwise, a car accident could wipe you out in more ways than one.