Blog

What Happens If the Other Driver Is Uninsured in a Car Accident?

AUTO ACCIDENTS

Being injured by another driver’s negligence puts you in a very difficult situation, but if the other driver is uninsured, the situation becomes that much more challenging. Fortunately, all hope is not lost. Most drivers purchase some uninsured motorist coverage with their own car insurance policies, which can provide you with the coverage you need to fully recover for your losses. If an uninsured motorist leaves you injured, it’s time to consult with an experienced auto accident attorney in Indiana.  

Uninsured Motorist Coverage

In Indiana, carrying uninsured motorist insurance (UMI) is not a requirement, but the insurance company from whom you purchased your policy is required to offer it at the time of purchase, and the only way to refuse it is in writing. As such, it’s very likely that you have some uninsured motorist insurance. 

Filing Your Claim

If a driver without insurance leaves you injured, there are several important steps that you’ll need to take. One of these is filing an uninsured motorist claim with your insurance company – for which you’ll need to prove the other driver’s negligence. All the following can help you accomplish this primary task:

  • The police report
  • Eyewitness testimony
  • Physical evidence at the scene of the accident
  • Expert testimony

Your practiced car accident attorney has the experience and legal insight to build your strongest claim in pursuit of fair compensation that covers your physical, emotional, and financial damages in their entirety. 

Fault in car accidents often plays out in one of the following common forms of driver negligence:

  • Impairment
  • Aggression
  • Excess speed
  • Exhaustion
  • Distraction  

The Losses You Experience

The losses you experience as a result of another driver’s negligence for which you can seek compensation in an uninsured motorist claim include all the following categories:

  • Property damage to your vehicle
  • Medical expenses that can be extensive and ongoing
  • Lost income related to lost hours on the job
  • Physical and psychological pain and suffering

How an Attorney Can Help

An experienced car accident attorney can help you obtain the compensation to which you are entitled in all the following ways:

  • Communicating with the insurance company on your behalf and skillfully negotiating with the insurance company on behalf of your just compensation
  • Building your strongest claim (via every available means)
  • Ensuring that your claim remains within the exacting rules and regulations of the law
  • Preparing for trial (in the event the insurance company refuses to engage in good faith negotiations)
  • Helping you understand the claims process and helping you make well-considered decisions throughout

An Experienced Indiana Car Accident Attorney Can Help

If you’ve been injured by a negligent driver without car insurance, the path forward can be daunting without professional legal counsel on your side. The accomplished Indiana car accident attorneys at Tanzillo Stassin & Babcock, P.C., have a wealth of experience successfully guiding claims like yours toward favorable resolutions, and we’re here for you, too. Your claim is important, so please don’t delay contacting us for more information today.

Recommended Posts

How to Handle Insurance Pressure After an Accident

After an accident, insurance companies love to apply pressure to try to push you to settle your claim fast. They don't do this with your best interests in mind. A Merrillville, IN personal injury attorney is your best defense against an insurer's heavy-handed tactics. Responding to Their Calls and Demands When an adjuster contacts you, give them only the basic facts they already have from the police report. Tell them you will get back to them after you review your notes and talk to your lawyer. Ask to be sent every question in writing. Know that the adjusters may call you repeatedly to wear you down, but you can just tell them to call your lawyer once you have one and avoid this. Handling Requests for Recorded Statements You do not have to give a recorded statement right away, though many adjusters make it sound routine. Once they're recorded, though, your words become permanent evidence the other side can twist. Politely decline and say you will provide answers in writing instead. If they insist, ask them to send the questions by email first so you can prepare accurate responses. If you decide a statement is necessary later, and your lawyer agrees, then talk it through with your lawyer before giving it. Evaluating and Rejecting Low Settlement Offers The first offer almost always comes in low because insurers are counting on you needing money fast and being willing to sign just to get something. Do not accept the offer. Compare the amount against your total medical bills, lost wages, and ongoing costs; talk to your lawyer; and ask for a detailed breakdown showing exactly how they arrived at their number. Keep negotiating until the offer matches your losses. Keeping Every Interaction Documented Save copies of every email, letter, and voicemail you get. This paper trail will prove exactly what they said and prevent them from changing their story later. When you send documents, use certified mail or email with read receipts so you can prove the delivery. Complete records make it much harder for the insurer to delay or undervalue your claim. Building Strong Counter-Evidence Update your file with every new medical bill and doctor's note as your treatment continues. If you miss work, get a letter from your employer showing the exact amount of income you've lost. Submit these promptly to the adjuster with a short cover note explaining how they affect your total damages. If the insurer disputes your injuries, ask your doctor for a written report that connects them directly to the accident. Contacting a Merrillville, IN Personal Injury Attorney Once you have your attorney, they take over all communication so you stop dealing with the stress. They know the tactics insurers use and can negotiate from a strong position. Studies show that victims who have an attorney usually end up with higher settlements, even after attorney's fees are subtracted, than those who don't. Don't let insurer tactics decide your future. Contact Tanzillo Stassin & Babcock P.C. in Dyer, IN for help throughout Northwest Indiana.

Understanding Your Rights in a Merrillville Car Accident Case

After a car accident in Merrillville, you need to protect your recovery. A car accident lawyer in Merrillville, IN can help you understand your rights and how they apply to your specific situation. Your lawyer will also help you bring a strong claim for the full compensation you're owed for your losses. Your Basic Right: Compensation Indiana is a modified comparative negligence state, meaning you can recover damages if you're 50% or less at fault. Your final award is reduced by the same percentage as your fault, however, and if you're 51% or more at fault, you can't recover anything, even if the other driver also contributed to the accident. You can get compensation for your medical bills, any lost wages or salary (or compensation for sick days or vacation you had to use), your lost future earning capacity, pain and suffering, and property damage. Your Right to a Merrillville, IN Car Accident Lawyer While the other party in the accident may urge you to just settle things in cash on the spot or offer to pay for your medical bills and car repair personally, it's never wise to take them up on this. You don't know what the full amount of damages will be, and it's never a good idea to not report an accident to the authorities and insurance. It's also important to talk to a lawyer. An experienced lawyer has been down this road with many people and will be able to quickly and accurately value your claim, gather evidence, and bring a strong case on your behalf. Most people who have a lawyer on their side for personal injury cases come away with a bigger final award than those who don't, even after attorney's fees are accounted for. Your Right to Gather and Use Evidence You have the right to get evidence at the scene, and the other driver shouldn't try to stop you. This includes getting personal and vehicle information from the other driver, getting pictures and taking video, calling the police so you have a police report, and getting contact information from witnesses. You also have the right to notify the at-fault driver's insurance company (though your insurer will usually do this once you notify them) to make sure you've had your say. Just remember that insurance adjusters often ask questions that are designed to shift blame or minimize your injuries, as that's in their best interests. When you make the initial call to the insurance company, give only the basics, with no unnecessary information and no attempt to assign blame. Then let your lawyer handle all further communication to protect your rights. Call us today at Tanzillo Stassin & Babcock P.C. in Dyer, IN today for a free consultation. We're known throughout the region for our client communication and tailored strategies for northwest Indiana accident victims. We're committed to understanding what makes your case unique and delivering solutions that fit your situation.

Top Reasons to Hire a Local Injury Attorney in Dyer, IN

Should you hire an injury attorney local to Dyer, IN? It's a good question, and there are definitely some times when doing so is the right move, especially if you're trying to recover from a serious personal injury. Top Reasons to Hire a Local Injury Attorney in Dyer, IN They Have Local Knowledge of the Court System Your case will likely be handled in the Lake County courts in Crown Point. Every court has its own rules for filing documents, scheduling hearings, and presenting evidence, so having a lawyer working for you who regularly appears at that court is an advantage. Your lawyer knows how each judge tends to manage cases, what they expect in motions, and how local procedures work. They Understand Indiana's Fault Rules Indiana uses a modified comparative fault system. If you are found more than 50% at fault, you cannot recover anything, and if you share some blame, your compensation gets reduced by the same percentage as your fault. A local attorney knows how insurance companies and adjusters in our area try to shift responsibility in car crashes, falls, or other incidents and how they can use the minutiae of Indiana law against you. Your attorney's experience will help you build a solid case that protects your right to a fair recovery in our legal system. They Are Ready for Negotiations Insurance adjusters work full-time to settle claims for as little as possible, and lawyers who practice locally deal with the same companies and adjusters regularly. This means a local lawyer will recognize the common tactics used against you and how to counter them. Research from insurance industry sources shows that people represented by an attorney usually receive higher settlements than those who handle claims alone, even after attorney's fees are accounted for, and negotiation skills are a big reason for this. They Can Get to the Accident Scene and Evidence Quickly A lawyer based nearby can visit the site of your crash or injury soon after it happens to document road conditions, talk to witnesses while memories are fresh, and request nearby security video before it gets erased. This hands-on work strengthens your claim in ways that are harder for someone hours away to match. They Have Relationships with Local Medical Providers and Experts A lawyer who works in the area has already built connections with doctors, physical therapists, and vocational specialists who can help them prepare strong reports for an injury case. Your lawyer knows which providers can document injuries clearly in ways that courts and insurers respect. And if your situation involves ongoing treatment or the inability to return to your old job, your lawyer may need to call in local expert witnesses to get you everything you're owed. Talk to a Local Lawyer Today When your lawyer is local, you can often get answers the same day, and you know you're working with someone who cares about you and our shared community. Call us today at Tanzillo Stassin & Babcock, P.C. in Dyer at 219-339-4174, or visit our website to schedule a free consultation on your case.