FastCounsel

Disclaimer: This article provides general information only and is not legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

Under Indiana law, drivers must maintain minimum liability insurance. If the at-fault driver had no active coverage on the date of loss, you still have several recovery paths:

1. Claim Your Own Uninsured Motorist (UM) Coverage

Indiana Code § 27-7-8-3 requires insurers to offer UM coverage when you purchase liability insurance. If you accepted this coverage on your policy, UM benefits can cover your medical expenses, lost wages, and property damage up to your policy limits. Review your declarations page and contact your insurer promptly.

Ind. Code § 27-7-8-3

2. File a Lawsuit Against the Uninsured Driver

You can sue the at-fault driver for negligence in civil court. To win, you must prove:

• Duty of care (driving safely).
• Breach of that duty (negligent driving).
• Causation (the breach caused your injury).
• Damages (medical bills, lost wages, pain and suffering).

If you obtain a judgment, you may enforce it through wage garnishment or bank levies.

3. Request Administrative Action by the BMV

You can notify the Indiana Bureau of Motor Vehicles that the driver operated without required coverage. Under Indiana Code § 9-25-4-8, the BMV may suspend the driver’s license and vehicle registration for failure to maintain financial responsibility.

4. Enforce a Judgment Through Indiana Collection Procedures

After winning a judgment, use Indiana’s collection statutes to recover funds:

• Wage garnishment under Title 34, Article 24.
• Bank account levies.
• Judgment liens on real property.

5. Explore Other Potential Recovery Sources

• Medical Payments (MedPay): Some policies offer MedPay coverage regardless of fault.
• Crime Victims Compensation: If the at-fault driver fled the scene or acted criminally, you may qualify for state victims’ compensation.

Helpful Hints

• Review your policy’s UM and MedPay limits before contacting insurers.
• Report the accident and uninsured driver information to your insurer promptly.
• Obtain a certified copy of the police or crash report.
• Gather photos of vehicle damage and any medical records related to your injuries.
• Note the two-year statute of limitations for personal injury actions in Indiana: Ind. Code § 34-11-2-4. File within this deadline.