When you get into a car accident without insurance, whether or not you can file a claim after an accident depends upon who was at fault for the accident. If the other driver was at-fault, then you can file a claim with the other driver’s insurance company. If however, you were at fault, then you cannot file a claim.
Indiana Fault Rules
- Filing a claim with their own insurance company (if they were at fault or if the other driver was at fault but didn’t carry enough insurance)
- Filing a claim with the other driver’s insurance company (if the other driver was at fault)
- Pursuing a lawsuit against the other driver (if damages exceed what the insurance company is willing to pay)
If you get into an Indiana car accident with no insurance and the other driver caused the wreck, you simply can file a claim with his or her insurance company in the same manner that someone in your position with insurance would do.
If Fault Is Arguable
In many auto accidents, fault is arguable; that is, either blame is not clear, or both parties may be partially responsible for causing the accident. Even if you think the other driver caused the accident, the other party’s insurance company may disagree with you, deny your claim or offer you a settlement that is far lower than it should be.
In any event, you’ll want to contact a local accident attorney to help you with the claims process after the accident. Negotiations, proving fault, and obtaining a fair settlement often necessitate the knowledge and skills of a legal professional.
This goes for everyone in a car accident: no insurance or otherwise. However, it’s even more important to hire an attorney to represent your case if you get into a car accident without insurance because if you are found at fault, you likely will be sued and you’ll need representation to protect your interests.
Indiana’s Insurance Requirements
As a driver in Indiana, you are probably well aware that the state law says you must carry insurance or be able to otherwise demonstrate financial responsibility to be able to cover any damages you may cause, should you cause an accident.
If you failed to purchase insurance or have allowed it to lapse, you’ll have to deal with the ramifications if you cause an accident. As previously mentioned, if you are not at fault, then you can file a claim with the at-fault party’s insurance company; but this can be a difficult and frustrating situation to handle. However, if the other party is not insured then you will likely not be able to recover your losses.
If you got into a car accident and are found to be at fault without insurance, the other party can file a claim with their own company if they have uninsured motorist coverage. After all is said and done, be forewarned that his or her insurance company likely will sue you later to recover its payout in a procedure referred to as subrogation. The best bet is to be insured and to know what coverage is best for your situation. If you’re worried about cost, there are many tips for buying car insurance that can help you find something that fits your needs.
Seeking Legal Counsel for an Indiana Car Accident
If you were involved in a car accident with or without insurance in Indiana, please call our auto accident attorneys at Hensley Legal Group for free consultation. We can look over the specifics of your accident, explain your options to you and determine how best to proceed with your case.