Car insurance is a requirement for all drivers and vehicle owners in Indiana. In the unfortunate situation where a collision occurs, people rely on the at-fault driver’s insurance company to provide the funds that they will need to deal with the consequences of their injury.
When someone causes an accident and is uninsured, they are not just committing a crime – they are creating liability for themselves that they might not be able to handle. In these situations, some injury victims may be able to recover from their own insurance provider if they have a plan that provides uninsured or underinsured motorist coverage.
Wruck Paupore’s experienced Indiana car accident attorneys can help you identify the best path for you to recover the compensation you deserve in these situations. To discuss your case and obtain a free case assessment, call us today at (219) 322-1166.
If you are injured in a car accident in Indiana, the best way to recover compensation is to first identify the party responsible for causing the accident and then file a lawsuit against them. In most cases, the monetary compensation (also known as damages) that you are owed will come directly from the negligent driver’s insurer.
However, this picture looks somewhat different when the negligent driver is uninsured or underinsured. Though Indiana law requires all drivers and vehicle owners to obtain a minimum amount of insurance coverage before operating on public roads, some drivers accidentally allow their insurance policy to lapse or intentionally decide not to carry insurance.
Under the law, if a driver is responsible for causing harm to others because of their negligence behind the wheel, they will be liable. This is true even if they do not have insurance coverage to help pay for the consequences. You can still sue a driver for causing a car accident if they do not have the requisite insurance to pay you. If you succeed in your lawsuit, the defendant will owe you the damages out of pocket.
Practically, however, many uninsured drivers lack the means to compensate car accident injury victims without the benefits of insurance. Still, with the stakes so high, do not let that discourage you from learning what your case may be worth and how you could recover it with a dedicated Indianapolis car accident lawyer.
If you suffer an injury caused by a negligent driver who does not have enough car insurance to compensate you for your injuries, you may still have an avenue for recovery. First-party benefits may provide injured drivers and passengers some medical coverage after an accident regardless of who was at fault. Additionally, uninsured motorist coverage can be purchased, which essentially fills the gap if a negligent driver that injures you does not have adequate insurance.
Indiana requires all auto insurance policies to offer underinsured and uninsured motorist protection, but it can also be rejected in writing. Ultimately, it is possible that your plan does not provide this coverage. To find out what your plan actually covers, get in touch with a seasoned Hammond, IN car accident lawyer. A lawyer with experience dealing with Indiana auto insurance companies will be able to review your policies and explain your insurance coverage and what it means to your potential recovery. They will also be able to advise you on what to do if your insurance claim is initially denied.
Unfortunately, many insurance companies issue denials of perfectly valid claims every day. There are many reasons why this happens. Sometimes, claim denials are proper, such as where the claimant did not keep up with their payments and the insurance has lapsed.
But insurance representatives, also known as claims adjusters, are prone to making mistakes, particularly if the decision that they arrive at will save their company money. Insurance companies and their employees are not tasked with looking out for you as much as they might tell you that in commercials. They are trying to protect the company’s assets and avoid having to pay out claims if they can find a reason to deny them.
In fact, some claims adjusters will issue denials where they ought to know that the claim is valid. They may also unnecessarily delay communication with a claimant of delay making payment even when it is clear that there is no basis to do so. These types of behaviors are known as “bad faith” practices. Essentially, by issuing a bad faith denial, the insurance company may hope that the claimant will get discouraged, think this is the end of the road for their recovery, and go away quietly. It is important to have experienced legal representation if you suspect an insurance company is acting in bad faith in order to make sure they are held accountable.
If your uninsured motorist claim was wrongfully denied, this wrongful claims activity should be reported to the Indiana Department of Insurance and can be pursued against your insurance company as a breach of its legal duty to act in good faith and deal with you fairly. If it is determined that the insurance company denied your claim in bad faith, you can pursue additional punitive damages from the insurer on top of what you were originally owed through your claim. To give yourself the best chance of success, it is highly advisable to seek help from a qualified Fort Wayne car accident lawyer.
To get help from the dedicated Indiana personal injury lawyers at Wruck Paupore, reach out to our offices at (219) 322-1166 for a free case assessment today.
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Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.