If the driver who hit you has no insurance, you can often make an uninsured motorist claim in Indiana with your own insurance company. Indiana insurers must offer this coverage, and it stays on your policy unless you turned it down in writing (IC 27-7-5-2). If the driver had less insurance than your underinsured coverage, that coverage may pay more, up to your limits (IC 27-7-5-4, -5).
Uninsured vs. underinsured: what is the difference?
| Coverage | When it helps | Indiana rule |
|---|---|---|
| Uninsured motorist (UM) | The other driver has no insurance, or it is a hit-and-run | Must be offered; can be rejected in writing (IC 27-7-5-2) |
| Underinsured motorist (UIM) | The other driver’s limits are lower than your UIM limits | Must be offered, at least $50,000; can be rejected in writing (IC 27-7-5-2, -4) |
| UM property damage | Damage to your car from an uninsured driver | Deductible of no more than $300, waived if your car was legally parked and empty. The at-fault driver must be identified (IC 27-7-5-3) |
How does an uninsured motorist claim in Indiana work?
You file the claim with your own insurer. But in this claim, your insurer stands in the shoes of the driver who hit you. That means they may argue about fault and about how much your claim is worth.
Your policy has its own rules. Your policy lists what you must do, such as when to tell the insurer and how to help with the claim. Read your policy or have a lawyer read it.
Steps to take after a crash with an uninsured driver
- Call 911 and get the police to the scene.
- Get medical care, even if you feel okay.
- Get the other driver’s name, plate and license.
- Get the crash report. It may show the driver had no insurance.
- Tell your own insurer right away, in writing.
- Ask for a copy of your full policy, including the declarations page.
- Do not give a recorded statement before you talk to a lawyer.
Checklist: what to gather
- ☐ Your insurance policy and declarations page
- ☐ Crash report
- ☐ Photos of the scene, cars and injuries
- ☐ Other driver’s name and plate
- ☐ Witness contact info
- ☐ Doctor visit records
- ☐ Proof of missed work
- ☐ Every letter or email from an insurer
What if the other driver had some insurance?
If their insurance is not enough, you may have an underinsured motorist claim. In Indiana, the most UIM pays is your UIM limit minus what the other driver’s insurer paid. It also cannot pay more than your total losses minus that payment (IC 27-7-5-5). Example: you have $100,000 UIM and their insurer pays $25,000. UIM could pay up to $75,000 more if your losses are that high. Before you accept any settlement from their insurer, talk to a lawyer and tell your own insurer in writing. Your policy may require it.
How long do I have?
A claim against the driver usually must be filed within two years (IC 34-11-2-4). A UM or UIM claim is based on your policy, so check it for time limits too. Do not wait. See our car accident page for more.
Watch: Uninsured motorist claims in Indiana
Talk to a lawyer
Poynter & Bucheri is an Indianapolis law firm that has helped Indiana accident victims since 1996. Free consultations. Se habla español. Call (317) 780-8000 or send us a message.
Frequently asked questions
Does Indiana require uninsured motorist coverage?
Insurers must offer it. It stays on your policy unless you rejected it in writing (IC 27-7-5-2).
Does uninsured motorist coverage pay for damage to my car?
It can, if you have UM property damage coverage. You must also have UM injury coverage. The deductible cannot be more than $300, and it is waived if your car was legally parked and empty (IC 27-7-5-2, -3).
Does uninsured motorist coverage cover a hit-and-run?
It depends on your policy for injuries. For car damage, Indiana law says uninsured motorist property damage coverage does not pay if the other driver cannot be identified (IC 27-7-5-3). See what to do after a hit-and-run.
Can my own insurer fight my claim?
Yes. In a UM claim your insurer can dispute fault and the value of your claim, much like the other driver’s insurer would.
How long do I have to make an uninsured motorist claim in Indiana?
Tell your insurer right away and check your policy for deadlines. The two-year rule for suing the driver also applies (IC 34-11-2-4).
Sources
- IC 27-7-5-2, -3, -4, -5: uninsured and underinsured motorist coverage
- IC 34-11-2-4: two-year limitation period
- IC 9-25-4-5: minimum financial responsibility
Indiana Code citations are to the 2026 Indiana Code published by the Indiana General Assembly (iga.in.gov).
General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.