Indianapolis & Indiana

Hit by an Uninsured Driver? Your Own Policy May Pay.

When the driver who hurt you has no insurance, not enough insurance, or flees the scene, your own auto policy's uninsured/underinsured motorist (UM/UIM) coverage may step in. Kavanagh Injury Law handles UM/UIM claims in Indianapolis and throughout Indiana at 20% — not the 33–40% most firms charge.

Licensed in Indiana. Out-of-state claims handled through our nationwide co-counsel network at the same 20% fee.

When Does UM/UIM Coverage Pay?

It is the coverage you bought for exactly the moment the at-fault driver can't make you whole.

The at-fault driver had no insurance

Uninsured motorist (UM) coverage applies when the driver who hit you carried no liability insurance at all. Your own policy effectively stands in for the coverage they should have had.

Their insurance wasn't enough

Underinsured motorist (UIM) coverage applies when the at-fault driver had insurance, but their limits are too low to cover your injuries. A serious crash can blow through Indiana's minimum limits in a single ER visit — UIM helps bridge the gap.

Hit-and-run

If the driver fled and was never identified, UM coverage often treats it like an uninsured-driver claim — so a hit-and-run does not have to leave you paying for someone else's negligence.

Who Can Use UM/UIM Coverage

UM/UIM generally follows the person, not just the car. Depending on the policy, it can protect you whether you were the driver, a passenger, or even struck as a pedestrian or cyclist — and it may apply through your own policy or a resident household family member's auto policy.

That is why this coverage matters after an auto accident or a pedestrian or bicycle crash where the at-fault driver was uninsured or underinsured. Many injured people never realize they have a source of recovery sitting in their own policy.

How the Coverage Works in Indiana

Insurers Must Offer It

Indiana law requires auto insurers to offer uninsured and underinsured motorist coverage. You have it unless you rejected it in writing — so many people carry UM/UIM without realizing it. Check your declarations page, or we will review the policy for you.

Minimum Limits Often Aren't Enough

Indiana's minimum liability limits are $25,000 per person / $50,000 per accident. A hospital stay, surgery, and lost income can exceed that quickly. When they do, your UIM coverage can help make up the difference between the at-fault driver's limits and your actual losses.

The Details Are in Your Policy

How much UM/UIM you have, and how multiple policies or vehicles interact, depends on the specific language of your policy. Those terms decide what you can recover — reading them carefully is part of the work, not an afterthought.

Protecting a UM/UIM Claim

A UM/UIM claim is against your own insurer — and a few early missteps can quietly cost you.

1

Notify your own insurer promptly

Your policy has notice and cooperation requirements. Reporting the claim late can give the insurer a reason to deny it.

2

Don't settle with the other driver first

Before you accept any settlement from the at-fault driver's insurer, talk to a lawyer — settling without notifying your own UIM carrier can jeopardize your UIM claim.

3

Document your injuries

Get medical care and keep records. Your own insurer will scrutinize the claim just as a third-party insurer would.

4

Don't accept the first offer

A UM/UIM claim is still adversarial. The first number is rarely the real value of your case — have it reviewed before you sign.

Indiana UM/UIM Basics

Two-Year Statute of Limitations

A personal injury claim in Indiana generally must be filed within two years. Separately, your policy sets its own deadlines for reporting and pursuing a UM/UIM claim — so the practical timeline can be shorter than you expect.

Modified Comparative Fault (the 51% Bar)

Fault still matters in a UM/UIM claim. Under Indiana's modified comparative fault rule, you can recover if you are less than 51% at fault, with your award reduced by your share. Your own insurer may argue fault to limit what it pays.

Your Policy's Contractual Terms Control

Because UM/UIM is first-party coverage, the contract terms — notice, cooperation, consent to settle, and how disputes are resolved — govern the claim. Those provisions are exactly where claims are won or lost.

How Kavanagh Injury Law Handles Your Case

UM/UIM claims turn on the policy language and on not letting your own insurer treat you like a stranger.

We read the policy first

We review your declarations and policy language to find every layer of available coverage before anyone settles anything.

Every source of recovery

We pursue the at-fault driver's coverage and your UM/UIM together, in the right order, so a settlement with one does not quietly waive the other.

Flat 20% — always

Our contingency fee is 20% whether your case settles pre-suit, goes through trial, or reaches appeal. It never escalates to 33% or 40% like most Indiana firms. You pay nothing unless we recover for you.

Lien reduction — 100% to you

We negotiate medical liens aggressively. Every dollar we reduce from a lien goes to you — we keep none of the savings and charge no additional fee for lien work.

Frequently Asked Questions

What's the difference between uninsured and underinsured coverage? +

UM applies when the at-fault driver had no insurance or fled (hit-and-run). UIM applies when they had insurance, but not enough to cover your injuries. Both are coverages on your own policy.

Do I even have UM/UIM coverage? +

Probably. Indiana insurers must offer it, and you have it unless you rejected it in writing. Your declarations page shows it — we can review your policy to confirm.

The other driver had insurance — why would I need my own? +

If their limits are too low for your medical bills and losses, your UIM coverage can help bridge the gap. Serious injuries routinely exceed Indiana's minimum limits.

I was a passenger or pedestrian — can I use UM/UIM? +

Often yes. The coverage generally follows the person — you may be able to claim under your own or a resident household family member's auto policy even though you weren't driving.

How much does it cost to hire you? +

Nothing upfront. We work on contingency at a flat 20% of any recovery. If we do not win, you owe no attorney fee.

Uninsured or Underinsured Driver Hit You?

Get a free case review. No obligation. No upfront cost. Before you sign anything with an insurer, let us read the policy.

Download the KIL app to document the crash with timestamped photos and GPS — free, no account required.