Getting hit by an uninsured driver while riding on your motorcycle is frustrating on every level. You’re dealing with injuries, damage to your bike, and mounting medical bills, only to discover the other driver has no insurance to cover any of it. Indiana has one of the highest rates of uninsured motorists in the country, making this a real concern for riders statewide. If you’ve been in a motorcycle accident with an uninsured driver in Indiana, you do have options. Call our motorcycle accident lawyers today to discuss your options.
What to do right after the accident
The steps you take immediately after a motorcycle crash matter, whether or not the other driver has insurance.
Call 911 and receive medical attention first. Even if your injuries seem minor, conditions, such as internal bleeding or concussions, don’t always show symptoms right away. A medical evaluation creates a record connecting your injuries to the accident.
While at the scene, gather as much information as you can.
- The other driver’s name, address, and contact information.
- Photos of the scene, vehicle damage, and your injuries.
- Names and contact details from any witnesses.
- The police report number.
Don’t admit fault or apologize at the scene. Indiana follows a modified comparative negligence rule, meaning your compensation can be reduced based on your percentage of fault. If you’re found to be more than 50% at fault, you cannot recover anything. What you say at the scene could be used against you later.
Understanding uninsured motorist coverage in Indiana
Uninsured motorist (UM) coverage is insurance you carry on your own policy. It protects you when the at-fault driver has no insurance or insufficient coverage for your losses.
In Indiana, insurance companies are required to offer UM coverage when you purchase a policy. However, you can decline it in writing. Many riders don’t realize they turned it down or don’t fully understand what it covers.
If you have UM coverage on your motorcycle policy, it can pay for:
- Medical expenses.
- Lost wages.
- Pain and suffering.
- Other damages you’d normally claim against the at-fault driver.
Your UM coverage essentially steps into the shoes of the missing insurance policy. You file a claim with your own insurer, and they pay up to your policy limits.
Injured in a motorcycle crash with no insurance on the other side? Call Team Green Law for a free case review. Our team can help you understand your coverage and your options.
How to file an uninsured motorist claim after a motorcycle crash
Filing an uninsured motorist claim isn’t as simple as it sounds. Even though you’re filing with your own insurance company, they’re still looking to minimize what they pay.
Here’s what the process typically looks like.
- Notify your insurance company about the accident as soon as possible.
- Provide documentation of your injuries, medical treatment, and losses.
- Your insurer investigates the claim, as the other driver’s company would.
- They evaluate fault, injury severity, and your policy limits.
- They make a settlement offer (which is often lower than what your case is worth).
Your insurance company has a financial incentive to pay as little as possible. They may dispute the extent of your injuries, argue you share more fault than you actually do, or delay the process, hoping you’ll accept a low offer.
Having an attorney handle your UM claim can make a real difference. Our attorneys at Team Green Law know these tactics and how to push back against them.
What if you don’t have uninsured motorist coverage?
If you declined UM coverage or didn’t realize it wasn’t included on your motorcycle policy, your options are more limited, but not gone entirely.
You can still file a lawsuit directly against the uninsured driver. If the court finds them at fault, they’re legally responsible for your damages. The real challenge is actually collecting on that judgment.
You may also have other sources of coverage worth exploring:
- Health insurance for medical bills.
- Your auto policy UM coverage (if you also own a car, it may apply).
- UM coverage on a household member’s policy.
An attorney can review all potential sources of recovery and help you build the strongest case possible. Contact Team Green Law for a free case review to find out where you stand.
The challenges of collecting from an uninsured driver
You have the right to sue an uninsured driver who caused your motorcycle accident. However, winning a judgment and actually collecting money are two very different things.
Drivers without insurance often lack the financial resources to pay a large judgment. Even if the court awards you significant compensation, that doesn’t mean the driver can pay it. You could end up with a judgment that’s difficult or impossible to collect.
That said, a lawsuit makes sense in certain situations. If the driver owns property, has steady employment, or has other assets, collection becomes more realistic. Wage garnishment or property liens can help you recover what you’re owed over time.
An experienced attorney can assess whether pursuing a direct lawsuit is worth the time and expense, or whether a UM claim or another avenue is a better path forward.
How an attorney can help with your claim
Dealing with an uninsured driver after a motorcycle accident adds layers of complexity to an already stressful situation. An attorney can help by:
- Reviewing your insurance policy to identify all available coverage.
- Filing and negotiating your UM claim with your insurer.
- Investigating the accident to establish fault and defend against comparative negligence arguments.
- Evaluating whether a direct lawsuit against the uninsured driver makes sense.
- Handling all communication with insurance adjusters so you can focus on recovery.
Indiana’s two-year statute of limitations for personal injury claims means you have a limited window to take action. Waiting too long can cost you your right to compensation entirely.
Team Green Law has offices in Indianapolis, Terre Haute, and Fort Wayne, serving clients throughout Indiana. Our attorneys understand how frustrating it is to be injured by someone who doesn’t carry insurance, and we’re here to help you explore every option available.
Frequently asked questions about motorcycle accidents with uninsured drivers
Does Indiana require uninsured motorist coverage?
Indiana requires insurance companies to offer UM coverage when you purchase a policy, but riders can decline it in writing. If you’re not sure whether you have it, check your policy documents or call your insurer.
Can I still receive compensation if the other driver has no insurance?
Yes. You may be able to file a claim through your own UM coverage, pursue a lawsuit against the driver, or explore other sources of coverage. An attorney can help identify the best path forward for your situation.
How long do I have to file a claim after a motorcycle accident in Indiana?
Indiana’s statute of limitations for personal injury claims is two years from the date of the accident. Act quickly to preserve evidence and protect your rights.
How much does it cost to talk to an attorney?
Team Green Law offers free case reviews with no obligation. Contact us to discuss your situation and learn how we can help.
Contact Team Green Law for a free case review
A motorcycle accident with an uninsured driver in Indiana can feel overwhelming, but you don’t have to figure this out alone. Our attorneys are here to review your case, explain your options, and fight for the compensation you need to move forward.
Call our Indianapolis office at (317) 961-8123, our Terre Haute office at (317) 961-8123, or our Fort Wayne office at (317) 961-8123. Your case review is free, and there’s no obligation. You focus on healing. We’ll handle the legal side.
