Disclaimer: This article provides general information about Indiana law and does not constitute legal advice.
Detailed Answer
When a client needs to identify which insurer covered an at-fault driver at the time of an accident in Indiana, the first step is to obtain the traffic crash report. Law enforcement officers must record the at-fault driver’s insurance information in that report. You can request a certified copy of the report from the court where the citation was filed or from the Indiana Bureau of Motor Vehicles.
Indiana law requires all drivers to carry proof of financial responsibility. Under Indiana Code §9-25-5-1, drivers must maintain liability coverage of at least 25/50/25. Officers must include insurer details in the crash report per Indiana Code §9-26-2-10. Reviewing that report often reveals the at-fault driver’s insurer, policy number, and effective dates of coverage.
If the traffic crash report lacks complete information or the at-fault driver refuses to cooperate, you can use formal discovery in a civil lawsuit. Under Indiana Trial Rule 33, you may serve interrogatories asking the driver to identify all insurance policies covering the accident. Under Trial Rule 34, you may request production of the actual policy documents. Both rules obligate the at-fault driver to disclose insurer names, policy limits, and policy periods.
Should discovery still fail to produce insurer information, consider filing a petition for declaratory judgment. This procedure allows a court to determine the existence and terms of any insurance policy covering the at-fault driver. You may also contact the Indiana Department of Insurance to file a consumer complaint; the Department can investigate whether the driver held active coverage at the time of the crash.
Helpful Hints
- Obtain the police or traffic crash report promptly; it usually lists insurer details.
- At the accident scene, request the at-fault driver’s proof of insurance card.
- Use Indiana Trial Rules 33 and 34 to compel disclosure of insurance policies in litigation.
- Request a certified crash report from the court clerk or the BMV if the initial report is incomplete.
- File a declaratory judgment action if you cannot otherwise identify the insurer.
- Reach out to the Indiana Department of Insurance for assistance with consumer inquiries or complaints.