When a drunk driver causes an accident in Indianapolis, victims often face complex insurance battles while trying to recover from their injuries. Insurance coverage disputes frequently arise when DUI is involved, as insurers may attempt to limit or deny claims based on policy exclusions or liability questions. These disputes can significantly impact compensation for medical bills, lost wages, and pain and suffering. Victims may encounter challenges with their own uninsured/underinsured motorist coverage if the at-fault driver's insurance is insufficient. Additionally, complexities emerge when dealing with third-party liability claims against establishments that may have overserved the intoxicated driver under Indiana's dram shop laws. Understanding how these insurance disputes intersect with personal injury claims is crucial for accident victims seeking fair compensation, especially when insurance companies challenge the extent of injuries or attempt to shift blame to minimize settlements.

Legal Rights and Considerations

Indiana follows a modified comparative fault system (IC 34-51-2-6) where victims can recover damages as long as they are less than 51% responsible for the accident. In DUI cases, the intoxicated driver typically bears significant liability, strengthening the victim's position. Indiana's minimum auto insurance requirements (IC 9-25-4-5) mandate only $25,000 per person and $50,000 per accident for bodily injury, which is often insufficient for serious injuries. Victims have two years from the accident date to file a personal injury lawsuit under Indiana's statute of limitations (IC 34-11-2-4). Compensation may include economic damages (medical expenses, lost wages), non-economic damages (pain and suffering), and potentially punitive damages in egregious DUI cases. Indiana's dram shop liability laws (IC 7.1-5-10-15.5) can provide additional recovery options if a business knowingly served alcohol to a visibly intoxicated person who subsequently caused an accident. An experienced Indianapolis drunk driving accident lawyer(link is external) will handle all aspects of the legal claim.

Examples of other types of DUI accidents that can lead to an insurance claim include:

• Indianapolis car accidents(link is external)
• Indianapolis truck accidents(link is external)
• Indianapolis motorcycle accidents(link is external)
• Indianapolis bus accidents(link is external)

Related Resources

Local Courts

• Marion County Superior Court
• Marion County Circuit Court
• U.S. District Court for the Southern District of Indiana

Support Services

• Indiana Criminal Justice Institute's Victim Services Division
• Mothers Against Drunk Driving (MADD) Indiana Chapter
• Brain Injury Association of Indiana
• Indiana Bar Association's Lawyer Referral Service

Relevant Laws and Regulations

• Indiana Code Title 9 (Motor Vehicles)
• Indiana Code Title 34 (Civil Law and Procedure)
• Indiana Bureau of Motor Vehicles Administrative Regulations
• Indiana Criminal Code Section 9-30-5 (Operating While Intoxicated)

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