Indianapolis Underinsured Motorist Lawyers - Cohen & Malad, LLP

Uninsured / Underinsured Motorist Claims

Indianapolis Attorneys for Uninsured and Underinsured Car Accident Claims


Indiana code requires that all insurance policies include uninsured and underinsured motor vehicle coverage, with some limited exceptions. To better understand this requirement it is helpful to know the definition of an uninsured and an underinsured motorist.

In the event of a car accident, an uninsured motorist is a person who does not have an insurance policy in effect on the vehicle they are driving. An uninsured motorist can also be a driver who flees the scene of an accident without giving proper identification or information. This is also known as a hit and run accident.

An underinsured motorist is defined as a driver who does not have enough liability insurance coverage to cover the damages to the other driver. This could be due to a total lack of liability insurance or if they have less liability insurance coverage than the other driver.

Uninsured and underinsured motorist coverage often pays for claims involving medical bills, pain and suffering, and lost wages. The state of Indiana has established minimum limits for this type of coverage at $25,000 per individual and $50,000 per incident for bodily injury for uninsured motorists. The minimum coverage for underinsured motorist claims is $50,000 per incident for bodily injury. A motorist may elect to have more coverage than these limits but not less.

How uninsured/underinsured motorist coverage helps

Some statistics show that as many as 1 in 20 drivers do not have motor vehicle insurance even though state laws require coverage. A driver who has uninsured and underinsured motorist coverage can better manage their risk and insulate themselves from financial loss in the event of an accident with one of these drivers.

When a driver files an uninsured/underinsured motorist claim against their insurance company, they often expect the claim will be handled promptly once they have provided the necessary documentation. However, insurance companies will often fight uninsured/underinsured motorist claims in an effort to have the other party’s insurance company pay the claim and reduce losses on their side.

Your Rights

In some cases your insurance company might act in bad faith regarding your claim for uninsured or underinsured motorist coverage by refusing to pay a claim. If this happens you should contact an attorney. Our personal injury auto accident attorneys have experience handling bad faith insurance claims including an insurance company’s refusal to pay for a claim involving an uninsured or underinsured motorist. If you have been injured in an automobile accident where the adverse driver did not have insurance or if their insurance did not cover all of your damages, contact us. We can advise you of your legal rights and options as it pertains to uninsured or underinsured motorist claims. There is no charge for your initial consultation and we will not collect a fee until your claim is paid.