Legal Question in Insurance Law in Indiana

Automobile liability insurance covers costs for which the insured is legally liable. If an insured driver negligently hits another vehicle, the insured driver has a right to claim coverage against his insurance company for any amounts he is legally obligated to pay. That means any judgment reached in court against the insured.

The driver of the other car (we'll call this driver the victim) has no direct recourse against the insurance company in Indiana, except in the rare case that the insurance company claims the insured does not actually have coverage.

In other words, the insurance company does not have to pay anything to the victim. However the insurance company often does pay victims, to settle possible lawsuits against the insured driver before they get to court.

That said, towing fees are part of the economic cost of a crash. If an insured driver causes a crash that results in towing fees, a lawsuit against the insured driver could claim the towing fees as damages. If the lawsuit was successful, then the insured driver's insurance company would have to pay the towing charges along with all of the other costs of the crash.

This answer is for education purposes only, and does not create an attorney-client relationship.