3.1 Indiana Auto Insurance Requirements
Key Takeaways
- Indiana mandates minimum liability limits of 25/50/25 ($25,000 per person / $50,000 per accident bodily injury / $25,000 property damage) for every registered vehicle.
- Uninsured (UM) and underinsured (UIM) motorist coverage must be offered and is automatically included unless the named insured rejects it in writing.
- UM bodily injury minimum is 25/50; UIM minimum is $50,000 and cannot be sold below that figure.
- Indiana is an at-fault tort state using modified comparative fault with a 51% bar to recovery (Indiana Code 34-51-2-6).
- Proof of financial responsibility must be carried at all times; electronic ID cards are accepted by Indiana law enforcement.
Minimum Liability Coverage: 25/50/25
Indiana's financial responsibility law (Indiana Code 9-25) requires every owner of a registered vehicle to maintain liability insurance at or above the state minimum, expressed as 25/50/25.
| Coverage Part | Minimum Limit | What It Pays |
|---|---|---|
| Bodily Injury - Per Person | $25,000 | Injury to one person in an at-fault crash |
| Bodily Injury - Per Accident | $50,000 | Total injury to all persons, one accident |
| Property Damage | $25,000 | Damage to others' vehicles/property |
These are split limits. A combined single limit (CSL) of $25,000 does not satisfy the law because it would not guarantee the $50,000 per-accident aggregate. On the exam, watch distractors such as 15/30/10 or 20/40/15 — neither is Indiana law.
Uninsured & Underinsured Motorist Coverage
Under Indiana Code 27-7-5-2, insurers must offer UM and UIM coverage on every auto policy, and the coverage is automatically built in unless the named insured rejects it in writing.
Uninsured Motorist (UM)
- Pays when the at-fault driver has no insurance, or is a hit-and-run.
- Bodily injury minimum: 25/50.
- UM property damage may also be offered (commonly $25,000).
Underinsured Motorist (UIM)
- Pays when the at-fault driver's limits are less than the insured's damages.
- Statutory floor is $50,000 — it cannot be written for less.
- Example: at-fault driver carries 25/50; your damages are $70,000. After collecting the $25,000 from the at-fault driver, UIM (if $50,000) fills the gap up to your UIM limit, paying the next $45,000.
Rejection Mechanics
- A written rejection is required; a verbal or checkbox-only waiver is invalid.
- Once validly rejected, the insurer need not re-offer at each renewal.
- The insured may later add the coverage back in writing.
Trap: Candidates confuse "must be offered" with "mandatory." UM/UIM is included by default but can be waived in writing — it is not flatly required like the 25/50/25 liability minimum.
Proof of Financial Responsibility
Drivers must carry evidence of insurance and present it on demand:
- A paper or electronic insurance ID card is acceptable.
- Proof is required at registration and may be demanded after a crash or stop.
- The BMV may issue a random verification request; failure to respond suspends driving privileges.
At-Fault Tort System & Modified Comparative Fault
Indiana is a tort (at-fault) state, not a no-fault state. The injured party pursues the at-fault driver (and that driver's liability insurer). Recovery is governed by modified comparative fault under Indiana Code 34-51-2-6.
The 51% Bar Rule
- A claimant recovers only if less than 51% at fault.
- Recoverable damages are reduced by the claimant's own fault percentage.
- At 51% or more, recovery is zero.
| Claimant Fault | $100,000 Damages | Recovery |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 30% | $100,000 | $70,000 |
| 50% | $100,000 | $50,000 |
| 51% | $100,000 | $0 (barred) |
Worked example: Two drivers collide; a jury assigns 40% fault to the claimant. With $80,000 in damages, recovery is $80,000 x (1 - 0.40) = $48,000.
Claims Against Government Entities
The Comparative Fault Act does not apply to suits against governmental defendants. Those claims retain the older, harsher contributory negligence rule: any fault by the claimant defeats recovery entirely. This distinction is a favorite exam point.
Exam Tip: Memorize the threshold: less than 51% to recover. A claimant exactly at 50% still recovers (reduced by half); at 51% they recover nothing.
How the Pieces Fit Together in Practice
When a producer writes an Indiana personal auto policy, the conversation runs in a predictable order, and the exam tests each step:
- Confirm the legal floor. The applicant must accept at least 25/50/25 liability. Selling below that is a producer compliance failure, not merely a coverage gap.
- Address UM/UIM. Because Indiana includes UM and UIM unless rejected, the producer documents either the purchase or a signed written rejection. A missing rejection form means the coverage is presumed in force at the limits offered, which can expose the carrier to a claim it never intended to write.
- Match limits to exposure. A driver with significant assets is advised to buy above the minimum, because the 25/50 bodily-injury floor is quickly exhausted by a serious injury, and excess judgments attach to personal assets and future wages.
- Explain the tort consequence. Indiana being an at-fault state means the other driver's liability insurer pays the insured's injuries; the insured's own UM/UIM is the safety net when that driver is uninsured or underinsured.
Common Application Errors
- Treating UM/UIM as automatically waived when no signature appears — it is the reverse: silence keeps the coverage.
- Quoting a single combined limit and assuming it satisfies the split-limit law.
- Forgetting that hit-and-run losses fall under UM, not collision, when the at-fault driver is never identified.
These distinctions — written rejection, split limits, the 51% bar, and the at-fault structure — are the most heavily tested concepts in the Indiana casualty section, so anchor every auto question to them.
What are Indiana's minimum auto liability limits?
An injured Indiana motorist is found 55% at fault for a crash. How much of her damages may she recover?
How may an Indiana named insured decline uninsured/underinsured motorist coverage?