How Indiana’s No Pay, No Play Statute Could Affect Your Car Insurance Claim
Posted On behalf of Pfeifer Morgan & Stesiak on Aug 12, 2019 in Advice
Indiana has the eighth-highest percentage of uninsured motorists in the nation, according to the Insurance Research Council. However, these drivers may not know this could hurt their chances of recovering certain kinds of compensation if they get injured in an accident caused by another driver. This is because of Indiana’s No Pay, No Play law.
Below, our South Bend car accident attorneys discuss what Indiana motorists need to know about the state’s No Pay, No Play statute. If you have been injured in an automobile accident, request a free, no obligation consultation today to discuss whether you may have legal options.
Explaining the No Pay, No Play Statute
Indiana’s No Pay, No Play statute was instituted in July 2015 as a response to the high number of uninsured drivers in the state. Under the No Pay, No Play statute, an uninsured driver or passenger cannot seek non-economic compensation if he or she has a previous citation for driving without insurance.
Non-economic damages include the following:
- Pain and suffering
- Emotional distress
- Mental anguish
- Physical impairment
- Loss of enjoyment
- Loss of companionship
- Loss of services
- Loss of consortium
Uninsured drivers may still be able to recover economic damages, such as medical expenses and lost wages.
What if the Other Driver Does Not Have Insurance?
If both drivers are uninsured, there is no insurance coverage to submit a claim against. The only option for either driver to pursue compensation may be to file a lawsuit against the other.
If an insured driver is involved in an accident caused by an uninsured driver, the insured driver may be able to recover compensation up to the policy limits on his or her own uninsured/underinsured motorist coverage.
Penalties for Driving Without Insurance
After an accident or traffic violation, automobile liability insurance companies are required to fill out a Certificate of Compliance to verify the driver’s financial responsibility.
If a driver cannot provide proof of insurance, his or her driving privileges are typically suspended for a 90-day period following the first violation. Indiana law also requires any driver who is cited for operating his or her vehicle without insurance to purchase SR-22 insurance. This is insurance for higher-risk drivers, and it is required for a three-year period following the citation. Although the insurance itself does not hike your rates up, the infraction and subsequent citation may greatly increase your insurance rate.
The second offense may carry a $500 fine and license suspension for a one-year period, along with the requirement for SR-22 insurance.
Minimum Car Insurance Requirements in Indiana
Indiana’s minimum car insurance requirements for all drivers are:
- $25,000 for bodily injury or death of a single person in an accident
- $50,000 for total bodily injury or death of all persons involved in an accident
- $25,000 for property damage per accident
Call an Attorney for Help
Our licensed attorneys are experienced and well-versed in Indiana state law. If you are unsure whether you are eligible to pursue a claim, we welcome the opportunity to review the circumstances of your accident.
If we determine you may have a valid case, you can choose to hire our knowledgeable lawyers to represent you. Since we operate on a contingency fee basis, your consultation is 100 percent free, and we do not charge any upfront attorney fees unless we are able to recover damages on your behalf.
Call (844) 678-1800 or complete our Free Case Review form now.