Q: We got in a very bad accident with a Semi. Semi was at fault . But my license is currently suspend due to insurance.
My license is suspended due to proof of insurance. I recently just got the car switched over to my name and haven’t got insurance yet . But the semi was at fault
A:
You do not say whether or not you were injured or whether there was only property damage. However, your situation as an uninsured driver would not necessarily prohibit you from recovering damages, although it may prohibit you from recovering certain noneconomic damages. Indiana has what they call a "No Pay, No Play" law that could potentially limit the damages you are able to recover IF you are a repeat offender for failure to procure insurance. The law provides and is highlighted in caps in relevant part:
IC 34-30-29.2-3Prohibition on recovery of noneconomic damages
Sec. 3. (a) A person who:
(1) sustained bodily injury or property damage as the result of a motor vehicle accident; and
(2) WAS AN UNINSURED MOTORIST WITH A PREVIOUS VIOLATION AT THE TIME of the motor vehicle accident;
MAY NOT RECOVER NONECONOMIC DAMAGES for the person's bodily injury or property damage from the owner or operator of another motor vehicle involved in the motor vehicle accident.
(b) The personal representative of a person who:
(1) died as the result of a motor vehicle accident; and
(2) was an uninsured motorist with a previous violation at the time of the motor vehicle accident;
may not recover noneconomic damages under IC 34-23-1 for the person's death from another motor vehicle involved in the motor vehicle accident.
The Statute defines what is considered economic damage and noneconomic damage. Noneconomic damage includes things like pain and suffering and emotional distress, as well as physical impairment. Economic damage includes things like medical bills and lost wages.
Injury cases are time sensitive, as evidence can be lost or destroyed if not secured and potential defendants may change their position with regard to fault. In serious accidents where fault or the nature and extent of injuries may be at issue, it may be necessary to have an accident reconstruction performed. Depending on the severity of your injuries and damage, you may want to consider contacting an attorney with experience in handling automobile and truck collision cases. Most offer free consultations and work on a no recovery, no fee basis. Good luck.
Todd Barsumian
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