Medical Costs Exceed Insurance Policy in Indiana – Now What?

Getting your case paid in full can be difficult in cases where insurance limits are low. The driver who hit you might not care about being sued if they don’t have any money anyway, and their insurance might be all the money they can put toward the crash. What do you do if that isn’t enough?

Lawsuits can be filed directly against the driver who hurt you. This means they have to pay the judgment, whether it’s higher than their insurance coverage or not. Collecting damages might be difficult if they have no money, but including a trucking company for a commercial driving accident, for example, can potentially put more money into the case. You can also potentially sue multiple drivers if they were all at fault. If all else fails, you should have coverages on your own car insurance policy to help.

For a free case review, call Wruck Paupore’s Indianapolis car accident lawyers today at (219) 322-1166.

What if My Damages Are More than Insurance Limits?

Insurance only covers certain amounts. When at-fault drivers are held responsible for damages, their policies will cut them off after they reach that limit and will refuse to cover a dollar more.

This potentially leaves you with four possibilities:

Making the Defendant Pay Out of Pocket

Cases typically settle for the policy limit so there is nothing extra to pay. But if you get a jury award against the defendant, it will order them to personally pay the full amount, even if their insurance policy is lower.

The insurance company stops paying at their policy limit, but the order still holds the driver to pay for the rest. If they have no money, then there is little we can do to collect this judgment. However, wealthy defendants can be made to pay out of pocket.

Suing the Driver’s Employer

If a driver was working when they caused a crash, then their employer might be liable in their place. This can work with truck drivers, delivery drivers, and other commercial drivers.

First, this typically means the company’s insurance policy will kick in, potentially covering a much higher policy limit. Second, it means the company pays any overages – and companies are often in a better position to pay than individual drivers.

Suing Multiple Defendants

If multiple drivers were at fault, each one can be held to pay their share of the damages. This means spreading your costs across multiple drivers/insurance policies.

For example, if two drivers split the damages, that might put each driver’s responsibility under their policy limits.

Using Your Own Insurance

As discussed below, your insurance might provide some coverages that can help you. We usually go after the at-fault driver’s insurance, but especially when you have underinsured motorist coverage, this will help you in a crash where the defendant cannot pay.

What Does My Car Insurance Cover in Indiana?

Indiana uses an at-fault system for car insurance. This means that your coverage will come from the at-fault driver’s insurance, not your own.

Optional Coverages

However, your insurance can still cover some optional add-ons that might help you:

• Medical payment coverage to take care of medical bills with a deductible payment.
• Collision coverage to pay for damage from a crash with a deductible payment.
• Comprehensive coverage to pay for non-crash damage with a deductible payment.
• Uninsured motorist coverage (UM) to pay in place of the defendant if the other driver had no insurance.

Underinsured Motorist Coverage (UIM)

Additionally, underinsured motorist coverage (UIM) pays on top of the other driver’s insurance if it was too low. This is the greatest help in your time of need if your expenses go beyond the at-fault driver’s policy limit.

Indiana requires drivers to have at least $50,000 of UIM.

Can I Use Medical Insurance to Cover Car Accident Damages?

Going to the hospital for care after a car crash can be more complicated than you might think. Often, hospitals know that they will be billing car insurance, and they have to be set up to do “third-party billing” that way.

If you go to an urgent care clinic or a doctor’s office, they might not be set up to bill car insurance and may deny you care and tell you to go to the hospital, even if you say you’ll pay out of pocket.

Your health insurance might cover some payments, but they might want to be compensated for the full amount of what they paid as part of your case. This can complicate matters, and it is often best to talk to your Fort Wayne, IN car accident lawyer about how to arrange these payments and get the care you need covered.

FAQs for Getting Medical Bills Covered in a Car Accident in Indiana

Do I Have Uninsured Motorist (UIM) Coverage?

Indiana law requires drivers to have at least $50,000 of underinsured motorist coverage. This means that if the other driver does not have enough to cover you with their insurance, you should have at least $50,000 to help cover the rest.

Who Typically Pays Medical Bills After a Car Accident?

The at-fault driver is typically responsible for paying for damages after a crash. This includes not only the medical bills you faced, but also other expenses like vehicle repairs, home care needs, and more.

They are also responsible for lost wages, pain and suffering, emotional distress, etc.

How Much is State Minimum Insurance in Indiana?

In Indiana, drivers are supposed to carry at least $25,000 per person for injuries ($50,000 per accident). They also need $25,000 per accident for property damage.

Many drivers choose higher policy limits so they can be protected from having to pay out of pocket for higher damages.

How Much Does Car Insurance Cover for Medical Expenses?

It is important to check the specific policy the at-fault driver has and what their insurance company says the policy limit is, but drivers should have at least $25,000 per person for injury coverage.

This bodily injury coverage is split among medical care costs, lost wages, and other damages caused by the injuries, so it could easily be exhausted on medical care alone. If the driver’s policy has a higher limit, it will cover more.

To Get Help with Your Case, Call Our Indiana Car Accident Lawyers Right Away

For your free case review, don’t hesitate to call our South Bend, IN car accident lawyers at Wruck Paupore today at (219) 322-1166.