Hit by an Uninsured Driver in Indianapolis: Your Rights and Options

When you discover the other driver has no insurance, the police report becomes even more critical. Call 911 and wait for IMPD or Indiana State Police to arrive. The officer will document the crash, collect statements, and — importantly — record the other driver's information, including the fact that they could not provide proof of insurance. Under Indiana law (IC 9-25-4-4), driving without financial responsibility is a Class A infraction, and the officer may cite the other driver.

Get the report number before officers leave. You will need this report to file a UM claim with your own insurer. If the other driver fled the scene (which uninsured drivers do more often because they know they are breaking the law), the police report documents the hit-and-run, which activates your UM coverage in most policies.

If IMPD does not respond to the scene (for minor, non-injury accidents), file a report through the IMPD Citizens Online Police Reporting System or call 317-327-3811. Under Indiana law (IC 9-26-1-8), you must report any accident to the BMV within 10 days if damage exceeds $1,000 or anyone is injured.

Photograph everything: vehicle damage on both cars, the road layout, traffic signals or signs, weather conditions, and any visible injuries. Even though the other driver has no insurance, get as much of their information as possible — full name, address, phone number, driver's license number, and license plate number. This information is necessary if you later sue the driver directly.

Get contact information from witnesses. In cases involving uninsured drivers, witness testimony may be important if the other driver disputes fault or if your own insurance company questions the details of the crash. Independent witnesses who saw the accident happen carry significant weight.

If the uninsured driver is cooperative, ask them about any assets — do they own a home, have a job, own a business? This is relevant if you need to pursue a judgment against them directly. You do not have to ask this at the scene, but it helps your attorney evaluate the situation later.

Your medical needs do not change because the other driver is uninsured. Get a full medical evaluation within 24 hours of the accident. Tell the doctor you were in a car accident and describe every symptom, even ones that seem minor. Many injuries — whiplash, concussions, internal bleeding — take hours or days to fully manifest.

Follow every treatment recommendation. The medical record from your initial visit and all follow-up care establishes the link between the crash and your injuries. This documentation is just as important for a UM claim with your own insurer as it would be for a claim against the other driver's insurance company. Your own insurer will scrutinize your medical records closely.

Keep every bill, receipt, and record of expenses related to the accident — medical bills, prescription costs, mileage to appointments, lost wages. These documents support the value of your UM claim.

Indiana law (IC 27-7-5-2) requires every auto insurance company to offer uninsured motorist (UM) coverage on every policy. The insurer must offer UM in limits at least equal to your bodily injury liability limits. You have the right to reject UM coverage in writing, and once rejected, the insurer does not have to re-offer it on renewals unless you request it.

If you carry UM coverage and are hit by an uninsured driver, you file the claim with your own insurance company. Your UM coverage steps into the shoes of the other driver's liability policy — it pays for your medical bills, lost wages, pain and suffering, and other damages up to your UM policy limits. Your own insurer handles the claim, but be aware: they are still looking to minimize the payout, even though you are their customer.

UM coverage also typically applies in hit-and-run situations where the other driver flees and cannot be identified. Check your policy language — most Indiana UM policies cover hit-and-runs, but some require physical contact between the vehicles. If a vehicle forced you off the road without touching your car (phantom vehicle), coverage may depend on your specific policy terms.

If you declined UM coverage when you purchased your policy, your options after being hit by an uninsured driver are more limited but not zero. You can sue the uninsured driver directly in Indiana court. The challenge is practical, not legal: a driver who cannot afford insurance often cannot afford to pay a judgment. However, if the driver owns a home, has wages that can be garnished, or has other assets, a lawsuit can produce a real recovery.

Indiana allows wage garnishment on judgments, limited to 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage, whichever is less (IC 24-4.5-5-105). You can also place a lien on the driver's real property. Indiana judgments are valid for 10 years and renewable, so even if the driver has no assets now, you may be able to collect later if their financial situation changes.

Other potential sources of recovery include: your own collision coverage (which pays for vehicle damage regardless of fault, minus your deductible), your own health insurance or medical payments (MedPay) coverage for medical bills, and in rare cases, a third party who contributed to the crash (the driver's employer, the owner of the vehicle if different from the driver, or a bar that served a visibly intoxicated driver in violation of dram shop laws).

Underinsured motorist (UIM) coverage is different from UM but equally important. UIM applies when the at-fault driver has insurance, but their policy limits are too low to cover your damages. Indiana's minimum liability coverage is only $25,000 per person (IC 27-7-5-2) — a single surgery can exceed that amount. UIM coverage fills the gap between the at-fault driver's policy limits and your actual damages, up to your own UIM limits.

Indiana law requires insurers to offer UIM coverage in limits of at least $50,000 — they cannot sell UIM in any amount below that floor. Like UM, you can reject UIM in writing. If you accepted it, your UIM policy kicks in after you exhaust the at-fault driver's liability limits.

Important: most Indiana UIM policies include a 'consent to settle' provision. Before you accept any settlement from the at-fault driver's insurance company, you must notify your own UIM insurer in writing. If you settle with the at-fault driver without your UIM carrier's consent, you may forfeit your right to UIM benefits. Always check your policy and consult an attorney before accepting a settlement in an underinsured situation.

Indiana's statute of limitations for personal injury claims is 2 years from the date of injury (IC 34-11-2-4). This deadline applies whether you are filing a UM claim with your own insurer or suing the uninsured driver directly. If a government vehicle was involved, the deadlines are shorter: 180 days for city/county entities, 270 days for state entities under the Indiana Tort Claims Act (IC 34-13-3).

Do not assume the 2-year deadline gives you plenty of time. Your own insurance company may have contractual deadlines that are shorter — many policies require prompt notice of a UM claim. Check your policy for any notice or filing deadlines. The sooner you file, the sooner the process begins and the fresher the evidence is.

Want to understand your options after being hit by an uninsured driver in Indianapolis? Get your free Injury Claim Check. You will answer a few questions about your accident, injuries, and insurance coverage, and we will provide a personalized report explaining your options — including UM claims, direct lawsuits, and other potential recovery sources — and connect you with an Indianapolis personal injury attorney experienced in uninsured motorist cases.

Being hit by an uninsured driver feels unfair because it is unfair. You followed the law and carried insurance. They did not. But Indiana law provides multiple paths to recovery, and you do not have to navigate them alone. Start with the Injury Claim Check. It is free, confidential, and takes less time than waiting on hold with your insurance company.