Legal Question in Personal Injury in Indiana
Can I get paid in Indiana if I was an uninsured driver with no licence that was hit by a drunk driver with insurance.
1 Answer from Attorneys
Depends. If you were driving because you were suspended, that's one thing. If you'd never been licensed before, that could affect recovery since they'd likely argue that you were at fault. Also, the fact that the other driver was drunk does not automatically mean s/he was at fault. Have to know a lot more facts to really answer your question. Drunk driving is a crime, but it may not amount to a civil tort. In other words, even though there was an accident, even if there was a death, it does not necessarily mean there was a wrongful death caused by the drunk driver. Usually, the drunk driver is at fault. But, the mere fact the driver was drunk does not automatically mean the driver was at fault for the accident.