Indianapolis, IN Underinsured Motorist Lawyers
Last updated on April 10, 2026
By law, all Indiana drivers must carry automobile insurance that protects drivers against injury, property damage and death. However, not all insured drivers have sufficient insurance coverage to pay the damages after an accident.
Insurance companies pay up to a policy limit for an accident caused by their insured driver. When the policy does not cover all the damages, this can mean the remaining costs fall upon the injured victim.
If you have been injured or involved in an accident with an underinsured motorist, you will need legal guidance from the experienced personal injury lawyers at Parr Richey Frandsen Patterson Kruse LLP. The firm’s attorneys have more than 75 years of combined legal experience protecting the rights of injured victims in Indiana.
Our knowledgeable trial lawyers, Paul Kruse and Tony Patterson, have recovered million-dollar settlements for past personal injury clients and are ready to provide new clients with the same effort and legal service!
Table of Contents
What Is An Underinsured Motorist Claim?
You could be responsible for the remaining expenses if an underinsured motorist’s coverage doesn’t fully cover your losses. It is already hard enough to get insurance companies to pay the full amount of your compensation, so when an underinsured motorist claim arises, you may be responsible for such costs as:
- Property damage, replacement or car repair expenses
- Expenses for commute to and from the hospital
- Rehabilitation and treatment costs
- Medical or doctor bills
- Emergency expenses
- Medical prescriptions
- Pain and suffering
- Funeral costs
This is just a partial list of potential expenses that clients encounter.
Elements of an Underinsured Motorist (UIM) Claim in Indiana
To recover under your UIM policy, three elements must be satisfied under Indiana law (IC 27-7-5).
- The At-Fault Driver Is Underinsured: The at-fault driver’s liability limits are less than your total damages. For example, if their policy pays $50,000 but your medical bills and lost wages total $150,000, they are underinsured by $100,000.
- You Carry Valid UIM Coverage: Your own auto policy must include UIM protection. Indiana insurers are required to offer it, but you must not have rejected it in writing.
- Your Damages Exceed the At-Fault Policy Limits: Documented losses such as medical bills, future care, lost income, and pain and suffering, must surpass what the at-fault driver’s insurance will pay.
Our attorneys review both policies side-by-side and calculate the gap. Call us for a free policy analysis to confirm UIM eligibility.
Common Scenarios That Trigger UIM Claims
UIM coverage activates in everyday accidents when the at-fault driver lacks adequate insurance. Below are frequent situations our Indiana attorneys handle.
- Rear-End Collisions: A distracted driver with minimum limits ($25,000 per person) slams into you, causing whiplash, herniated discs, and months of physical therapy exceeding their coverage.
- Multi-Vehicle Pileups: Several underinsured drivers contribute to a chain-reaction crash. Each policy pays its limit, but combined payouts fall short of your total damages.
- Hit-and-Run Accidents: If your policy allows stacking of UM/UIM, you can access underinsured benefits when the fleeing driver is never identified.
- Drunk-Driving Crashes: An impaired driver with only state-minimum coverage causes catastrophic injuries—brain trauma, paralysis, or amputation—far beyond their policy.
- Commercial Vehicle Incidents: A delivery van or rideshare driver carries low personal limits, even though their employer may have higher coverage. UIM bridges the gap.
If any of these match your case, time is critical. Indiana’s two-year statute of limitations applies. Contact us before evidence is lost.
Damages You Can Recover in a UIM Case
UIM claims compensate the difference between the at-fault driver’s payment and your full losses. There is no cap on UIM recovery in Indiana.
Economic Damages
- Past and future medical treatment
- Rehabilitation and therapy
- Lost wages and diminished earning capacity
- Vehicle repair or replacement
- Out-of-pocket expenses (prescriptions, mileage)
Non-Economic Damages
- Physical pain and suffering
- Emotional distress and PTSD
- Loss of enjoyment of life
- Scarring and disfigurement
Wrongful Death Benefits (if fatal)
- Funeral and burial costs
- Loss of financial support
- Loss of companionship and guidance
We fight to maximize every category. Schedule your free consultation today.
Steps to Take Immediately After an Underinsured Accident
Protect your UIM claim from day one. Follow these six steps:
- Call 911 and Request a Police Report: Ensure an official record documents fault and injuries.
- Photograph Everything: Capture vehicle damage, skid marks, traffic signs, and visible injuries.
- Exchange Information: Get the at-fault driver’s name, license, plate, and insurance card—never skip this.
- Notify Your Insurer Promptly: Report the accident within 24–48 hours to preserve UIM rights.
- Seek Medical Care: Even minor pain can indicate serious injury. Document all treatment.
- Call Us Before Signing Anything: Avoid recorded statements or quick settlements that waive UIM benefits.
Frequently Asked Questions About Underinsured Motorist Claims
Q: What is the difference between uninsured (UM) and underinsured (UIM) coverage?
A: UM applies when the at-fault driver has no insurance. UIM applies when they have insurance, but it’s insufficient.
Q: What if I rejected UIM coverage on my policy?
A: You cannot file a UIM claim. Indiana requires written rejection—check your declarations page.
Q: Can I stack UIM coverage from multiple vehicles?
A: Only if your policy allows stacking. Many do not. We review the fine print.
Q: Does UIM cover motorcycle or pedestrian accidents?
Yes, if the policy includes UIM for that vehicle or scenario.
Q: How long does a UIM claim take to resolve?
A: 6–18 months. Arbitration is faster than trial but requires strong evidence.
Q: Will my rates go up if I file a UIM claim?
A: No. UIM is first-party coverage—you are not at fault.
Q: What if the at-fault driver’s insurer offers a quick settlement?
A: Never accept without counsel. It may waive your UIM rights.
Q: Is there a deadline to file a UIM claim with my own insurer?
A: Yes, typically two years from the accident, but policy terms may shorten this.
Contact An Indiana Car Accident Lawyer
We have obtained successful verdicts for injured victims in underinsured motorist claims! We can pursue compensation for your damages from serious car accident injuries as a result of a rear-ending or distracted-driving incident. You shouldn’t have to suffer financially, physically or emotionally because someone else’s negligence caused your injuries.
When you have suffered multiple or severe injuries from an underinsured motorist or driver who has negligently caused an accident, contact an Indiana underinsured motorist claim attorney at Parr Richey Frandsen Patterson Kruse LLP. Our experienced lawyers can represent you if you were involved in an accident and the necessary compensation exceeds your policy limit. We can claim an underinsured motorist claim, investigate and check the limits on your insurance policy. We have what it takes to go the distance and protect your rights after an accident.
Take steps to protect yourself! Call us today at 317-505-1342 or contact the firm online to schedule a free case evaluation.