Detailed Answer
When an at-fault driver has no active insurance in Indiana, you still have options to recover your losses.
1. Uninsured Motorist Coverage (UM): Indiana law requires insurers to offer UM coverage under IC 27-7-2-2. If you purchased UM or UIM in your policy, file a claim with your insurer to cover bodily injury or property damage up to your policy limits.
2. Collision and Medical Payments Coverage: Use your collision or medical payments coverage if you added them to your auto policy. They can help pay for vehicle repairs and medical bills regardless of fault.
3. Lawsuit Against the Uninsured Driver: You can file a civil lawsuit to obtain a judgment for your damages. Indiana small claims courts accept claims up to $8,000; higher amounts go to county or circuit court.
4. Post-Judgment Collection: After winning a judgment, use garnishment under IC 34-51-2 to collect wages or bank funds. You can also record liens against the driver’s real property to secure payment.
5. Indiana Department of Insurance Complaint: If your insurer delays or denies your UM/UIM claim unfairly, file a complaint with the Indiana Department of Insurance for review and possible enforcement.
Helpful Hints
- Gather all evidence: photos of damage, medical records, repair estimates and accident reports.
- Review your policy declarations to confirm UM/UIM, collision and medical payments coverage limits.
- Keep detailed records of all expenses: invoices, receipts, mileage logs and out-of-pocket costs.
- Watch the clock: Indiana’s two-year statute of limitations for personal injury claims runs from the date of the crash (IC 34-11-2-4).
- Consider consulting an attorney for help with filing a lawsuit, negotiating settlement or enforcing a judgment.