You’d be surprised at how many people forget to car their car inspected in time. Some of the most common tickets are given out for expired registration and expired inspection stickers. So it makes sense that people worry their insurance won’t cover their accident if their car wasn’t inspected.
If you’re the victim in a car accident, the last thing you want to hear is that your claim won’t be covered. So when you find out that other driver didn’t get their car inspected as required, you may worry. You’ll be afraid their insurance won’t cover your claim because the vehicle wasn’t inspected.
Every state has their own laws about how often a car needs to be inspected. It depends on how old your car is. Newer cars can go several years without having to be inspected. Older cars need to be inspected every couple of years.
Indianapolis wants to make sure the cars their citizens are driving are safe. One way to do this is to have them inspected periodically. They’re tested for emissions and for safety. They don’t want people on the road if their vehicles aren’t fit for driving.
If the car that hits you had an expired inspection sticker, you should still be able to file your claim against their insurance. You need to call and meet with an experienced car accident lawyer in Indianapolis to be sure.
What is the Law in Indiana for Vehicle Inspections?
The law in Indiana is similar to most other states when it comes to vehicle inspection requirements. If you don’t follow these rules, you can be pulled over, issued citations and fines.
In Indiana, the following rules apply for registration and inspection:
- All new residents must register their car within sixty (60) days
- All cars manufactured in 1976 or later must have their emissions tested every two (2) years
- If your car was made in an even year, you must get it inspected in even years. If it was made in an odd year, you have to get it inspected in an odd year.
There are some exemptions for certain types of vehicles. These exemptionsinclude:
- If your car is 4 years old or newer, you don’t have to get it inspected
- If you drive a car that runs on diesel or is electric, it doesn’t have to be inspected
- Cars manufactured in 1975 or earlier don’t need to be inspected
- Motorcycles are exempt
- Recreational vehicles and show cars are also exempt
If someone doesn’t get their car inspected, it’s for one of two reasons. Either they just didn’t get around to doing it. Or, the car failed for mechanical issues. If it’s the latter, there could be issues when it comes to an accident claim.
How Does a Failed Inspection Affect Your Accident Claim?
If a car wasn’t inspected because the owner forgot (or procrastinated) getting it done, it will not impact your accident claim. However, if the other driver’s car failed inspection, due to a mechanical issue, it could impact your claim.
The other driver’s car may have failed inspection for the following reasons:
- The brakes need to be replaced
- A light is out
- The emissions are off which means that could be an engine problem
Any of these things can cause an accident. If the insurance company determines that their insured could’ve avoided the accident by getting the car fixed, they may deny your claim. If this happens, your car accident lawyer in Indianapolis will have no choice but to file a personal injury lawsuit against the driver.
Can You Sue the Driver Personally?
There’s no reason why you can’t sue the driver personally. The problem is, you may not want to. It’s a lot easier to get money from an insurance company than it is a person. If a person has no assets, there’s not much you can do to collect on your judgment.
In order to collect on your judgment, the defendant has to have property, other assets or an income. If they don’t work or don’t own any property, your judgment may be worthless. You could have a judgment that isn’t worth the paper it’s printed on.
It’s a good idea to meet with an experienced car accident attorney in Indiana before you do anything. Your lawyer can review your case and let you know what it may be worth. They can also let you know if your case has any merit.