When someone is involved in an Indiana car accident that was caused by another driver, there is a good chance that the at-fault driver will not have adequate insurance coverage to fully compensate the accident victim for their injuries. This is also the case in Indiana hit-and-run accidents where the at-fault driver evades law enforcement and is never located.
In these cases, if the accident victim has an insurance policy with underinsured motorist (UIM) protection, they can file a claim with their own policy seeking additional compensation. However, in Indiana, the minimum requirement for UIM insurance is just $25,000 per person. Thus, in some serious Indiana car accidents, the accident victim’s total damages will exceed both the at-fault driver’s insurance limits as well as their own UIM insurance limits.
When these policies are maxed out, many accident victims may believe that they are out of options. However, that may not be the case. Under Indiana law, the default is that all insurance policies will “stack,” meaning that a policy can be used along with another policy that offers coverage to the driver. Thus, an Indiana accident victim who has multiple insurance policies can combine, or “stack,” all coverage amounts until they are fully compensated. Thus, it is very important for an accident victim to know each of the policies that they are covered under, including other family members’ policies and employers’ policies.
It is important to note, however, that Indiana law also allows for insurance companies to write policies that do not stack. In order to do so, an insurance company must obtain a written waiver of coverage using clear language that provides fair notice to the insured that the policy they are purchasing will not stack. Thus, even when an insurance policy contains an anti-stacking provision, that clause may be closely scrutinized by a court if it is challenged by the insured.
The bottom line is that dealing with an insurance company after a serious Indiana car accident can be frustrating. Insurance companies routinely deny claims for compensation without fully investigating an injury victim’s claim in hopes that the matter will not be pursued. Anyone injured in an Indiana car accident who had experienced difficulties when dealing with an insurance company should consult with a dedicated Indiana personal injury attorney for assistance.
Have You Been Involved in an Indiana Car Accident?
If you or a loved one has recently been injured in an Indiana car accident, you may be entitled to monetary compensation from one or more sources. The dedicated Indiana car accident attorneys at the law firm of Parr Richey Frandsen Patterson Kruse have decades of collective experience assisting injury victims to obtain the compensation that they deserve from all responsible parties. To learn more about how we can help you with your case, call 888-532-7766 to schedule a free consultation today. Calling is free, and we will not bill you for our services unless we are able to help you obtain the compensation you deserve.
Settlement Agreements in Indiana Personal Injury Cases, Indiana Injury Lawyer Blog, October 3, 2018
How Courts Apply the Indiana Recreational-Use Statute, Indiana Injury Lawyer Blog, September 28, 2018