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How Car Insurance Works After An Accident

When making a personal injury claim resulting from a car accident the plaintiff will rarely go after an individual, for the most part, you will only look to collect on whatever car insurance coverage is available. For this reason, it is incredibly helpful to have an understanding of how car insurance works, both your own and whomever caused the accident. So, in order to help you understand we have described what we look for when making a claim on your behalf and why. The types of coverage that will be discussed are Medical Payments Coverage, Liability Insurance, Underinsured Motorist Coverage, and Uninsured Motorist Coverage.


Medical Payments CoverageHow Car Insurance Works

The first thing we look for when you come into our office is whether or not you have Medical

 

Payments Coverage on your policy. Medical Payments Coverage is provided by your insurer and benefits you. In short, this coverage provides that your car insurance will pay up to a certain amount for any medical bills you incur due to an accident, usually in an amount of $1,000 or $5,000. You have two options for this coverage. You can either have your medical providers submit your bills to your car insurance and have them pay out your bill or you can send the bills to your car insurance company and have them send a check straight to you.

If you have Health Insurance we usually recommend that you have your medical providers bill your health insurance and then have your Car Insurance send you the check for the Medical Payments Coverage. This puts a small amount of money in your pocket right away, which may be needed if you are unable to work. Personal Injury claims can take a substantial amount of time to settle so that Medical Payments Coverage money may be all that you have access to until we are able to reach a settlement agreement with the insurance company.

If on the other hand you do not have Health Insurance then we usually recommend that you have your medical providers send the bills to your Car Insurance company.

It should be noted that any amount paid out under your Medical Payments Coverage has to be paid back once a final settlement is reached. If you have an attorney the amount that has to be paid back is reduced by 1/3 plus pro-rata costs in accordance with Indiana Code, section 34-53-1-2.


Liability Insurance

Liability Insurance is probably the insurance you are most familiar with. This is the coverage everyone is required to have which pays for any property damage or medical bills of whomever the insured party hits, up to the provided coverage limits. So if you hit someone else, they will come after your liability insurance. If you get hit by someone else you will make a claim against their insurance and you will be able to recover an amount up to whatever the at-fault party’s insurance limits are. Indiana law requires that Liability insurance is at least $25,000 per person in bodily injury coverage and $50,000 per accident as well as $10,000 in property damage per accident.

So what happens if you are hit by an uninsured driver or someone who has minimum coverage where your injuries are substantial? Well, if you are hit by an Uninsured Motorist the Uninsured Motorist Coverage on your policy will apply and if you are hit by someone with policy limits that are lower than your own your Underinsured Motorist Coverage will kick in if the at-fault party’s coverage limits are exhausted. These coverages are both required to be included in your coverage by Indiana Code section 27-7-5-2  unless you specifically waive them, which we do not recommend in any circumstance. A more in-depth explanation of these coverages is listed below.


Uninsured Motorist Coverage

If you are hit by an Uninsured Motorist or the person who hits you leaves the scene without you being able to collect enough information to identify them (hit-and-run) then your insurance be liable for any injuries you sustain, up to the limits of your Uninsured Motorist Coverage. Uninsured motorist coverage is also required to be provided by your insurance provider at an amount equal to your own liability limits, so if you purchase a $25,000/$50,000 minimum policy your uninsured motorist coverage will be the same unless you’ve specified you wanted it to be higher. In order to make a claim against your own Uninsured Motorist Coverage you will have to prove that the driver who hit you was uninsured, but in most instances, we are able to do that fairly easily.


Underinsured Motorist Coverage

If you are hit by a driver who has lower coverage amounts than you have purchased through your insurance and you have exhausted their policy limits then you will be allowed to make a claim under your own Underinsured Motorist Coverage. For instance, if you’re in an accident and the person who hit you has $25,000 in liability coverage and you have Underinsured Motorist Coverage of $50,000, if your injuries are severe enough that they warrant you recovering all $25,000 of the at-fault party’s liability coverage plus more, then you will be able to make a claim against your Underinsured Motorist Policy for the difference between the two policies, so $25,000. According to Indiana Code, Section 27-7-5-2.

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FAQs
Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Case Worth

As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

Why Hire?

Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

Medical Bills

If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of William W. Hurst and learn if we may be able to help.

Recovery

After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney