Not including an accident caused by a drunk driver, one of the worst things imaginable is being involved in an accident with an uninsured driver. When an accident with an uninsured driver happens, the accident victim is often left wondering, “Who will pay for this?” This can be especially true when not only is the driver uninsured, but the accident is a hit-and-run. In a situation such as this, the victim is not only unable to file a claim against the at-fault driver’s insurance company, but is also barred from filing a lawsuit directly against the driver (assuming the driver cannot be found).
Your Options If You’re Involved In An Accident With An Uninsured Driver
However, all hope is not lost; there are still possible ways of recovering compensation to help pay for injuries after a car accident. These include the following:
- Uninsured/underinsured motorist insurance. As stated above, while uninsured/underinsured motorist insurance is not mandatory in Indiana, it is recommended. And, unless you rejected it in writing, you are probably paying for it as part of your monthly premium. When an accident is caused by another driver who is uninsured, underinsured, or cannot be found, your own uninsured/underinsured coverage is responsible for paying for damages up to your policy amount.
- Medical payments coverage. Like uninsured/underinsured health insurance coverage, medical payments coverage is not mandatory in Indiana, but drivers can purchase it to help pay for injuries in the event that an accident does occur. Because medical payments coverage is no-fault based, you can seek compensation through this coverage type regardless of fault, whether or not the other driver is uninsured/underinsured, and regardless of whether or not the accident is a hit and run.
- Health insurance. All Americans are required to have health insurance per the Affordable Care Act. Therefore, if you have health insurance, you can seek medical care for your injuries and your health insurance will cover it up to your policy amount, and after you pay your deductible (depending upon your plan).
- Filing a lawsuit. If the other driver is uninsured or underinsured, and their insurance does not cover the full extent of your injuries, you do have to option for file a lawsuit directly against the at fault driver for compensation. While filing a lawsuit can be advantageous in the event that the at-fault party has high value assets, it can also be disadvantageous if the at-fault party does not have any assets. Afterall, one of the reasons that the driver may be uninsured or underinsured to begin with is because they cannot afford a (higher) policy.
If you are in an accident with an uninsured driver, an Indianapolis car accident attorney can guide you through the details of the options above and help you to recover the damages you deserve.
