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Car accidents are very common. There is a car accident happening somewhere nearly every day. When drivers are injured, they often turn to insurance to help them pay for medical care, vehicle repairs, and more. However, if vehicle owners do not carry auto insurance as required by law, they may be barred from recovering certain damages, even if they are not at fault for the crash.
If you are injured in an accident and do not have insurance, you may be prohibited from recovering non-economic damages from the other driver. Indiana’s “no-pay-no-play” laws restrict uninsured drivers from pursuing such damages. These laws are designed to deter drivers from hitting the road without insurance, thus reducing the financial strain caused by car accidents. However, these rules are not absolute, and a few exceptions exist that might allow uninsured drivers to recover the full extent of their damages, including non-economic damages. In some cases, uninsured drivers involved in accidents caused by other negligent drivers might still recover damages.
Get a private case assessment for free from our Anderson, IN car accident lawyers with Wruck Paupore by calling (219) 322-1166.
All drivers in Indiana are legally required to have auto insurance. If the police apprehend them without proof of insurance, uninsured drivers may face citations and expensive fines. If an uninsured driver is involved in a car accident, they might be barred from recovering certain damages, according to a collection of laws known as “no-pay-no-play” laws.
According to I.C. § 34-30-29.2-3(a), an uninsured motorist who sustains bodily injuries or property damage in a car accident and has a previous violation on their record may not recover non-economic damages from the other driver in the accident. According to subsection (b), if the uninsured motorist with a previous violation unfortunately dies in the accident, their personal representative may not recover non-economic damages from the other driver in a wrongful death claim.
Remember, these laws limit the recovery of non-economic damages, as described in more detail below. Our Carmel, IN car accident lawyers may still be able to help you claim economic damages, such as the cost of medical treatment or vehicle repairs, which should not be barred by no-pay-no-play laws.
While these laws often restrict drivers from recovering non-economic damages, a few exceptions might help you. Sometimes, uninsured drivers involved in accidents caused by other negligent drivers may still recover the full extent of their damages.
Under I.C. § 27-7-5.1-4, the law specifically defines what kinds of drivers are subject to the state’s no-pay-no-play laws. The law applies to uninsured drivers who own a motor vehicle involved in a collision and have been required to provide proof of future financial responsibility (i.e., auto insurance) within the past 5 years. Put another way, if you are uninsured when you are involved in an accident but do not have a previous violation within the past 5 years, these laws might not restrict you.
Under § 27-7-5.1-6, several types of drivers are excluded from the no-pay-no-play law. Drivers who are under 18 are not subject to no-pay-no-play laws. Also, if anyone other than the uninsured motorist suffered an injury or loss, they are not subject to these restrictions and may claim damages and compensation. Finally, if someone involved in the accident other than the uninsured motorist is convicted of a crime in connection with the collision, the no-pay-no-play laws do not apply.
Generally, no-pay-no-play laws apply even if the other driver is responsible for the accident. Remember, however, that this only applies if the injured driver has a prior citation for being uninsured. Moreover, there may be ways around the rules. Speak to an attorney about your case. Suppose you are uninsured but do not have a previous insurance violation on your record within the last 5 years. In that case, you may still be able to recover non-economic damages in addition to economic damages.
As mentioned above, there are a few exceptions to the rule. For example, if you are an uninsured driver but you are younger than 18, you are not bound by Indiana’s no-pay-no-play laws. This may be a crucial caveat for underage and newly licensed drivers involved in car accidents.
Additionally, these no-pay-no-play laws do not apply in cases where the other driver caused the crash intentionally or was convicted of a crime in connection to the crash. For example, if you were the victim of someone else’s road rage, or maybe they caused the accident on purpose to commit some form of insurance fraud, you may be able to claim non-economic damages even if you did not have insurance.
When in doubt, talk to an attorney. If there is a way around the rules, they can help you find it.
The damages available in your car accident case will vary depending on your insurance status. Remember, economic damages tend to be available regardless of your insurance, but non-economic damages are off the table if you were uninsured at the time of the accident and have a previous insurance violation from within the last 5 years.
If no-pay-no-play laws apply, non-economic damages are off the table for vehicle owners. Non-economic damages that are off limits are described under I.C. § 27-7-5.1-3(a) and include physical pain, emotional suffering, distress, anguish, loss of enjoyment of your life, and various other non-monetary injuries or losses caused by the accident. Depending on the severity of the crash, non-economic damages might be worth significant financial compensation. If you are subject to no-pay-no-play laws, this compensation could be off-limits.
These are generally available whether no-pay-no-play laws apply to your accident case. You may still need to prove how the other driver is at fault for the accident before you can recover damages. Economic damages generally include medical expenses, vehicle repairs, the loss of personal property inside the car, lost wages from missing work, and other expenses and costs you might incur. Talk to your attorney to accurately account for all your economic damages.
Get a confidential case evaluation for free from our Fort Wayne, IN car accident attorneys with Wruck Paupore by calling (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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Wruck Paupore P.C.
Injury Lawyers
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Dyer, IN 46311
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