Car Accident Laws in Indiana
Every state has its regulations and laws related to car accidents. Today, we would like to throw some light on the rules set in Indiana state. Read below if you wish to learn more about how to file an auto accident claim and which laws you should learn more about when driving on the roads in the state of Indiana.
Indiana Statute of Limitations
As in many other states, the statute of limitations in Indiana applies to most car accident lawsuits. If you wish to file a personal injury claim in a traffic accident, you should know that you have up to two years from the time of the crash. In simple terms, you can ask state courts to recover damages you have sustained no longer than two years after the time of the accident.
Comparative Negligence in Indiana
If there is more than one party responsible for causing the accident you were involved in, the state of Indiana will follow the “modified comparative negligence” rule. That means the plaintiff is entitled to compensation for their injuries or property damages, so long as they do not share more than 50 percent of the fault. It should be noted that your total amount of damages is reduced by the amount of negligence you have been determined to hold (in percentages).
Indiana Auto Insurance Requirements
If you wish to be legally able to drive a vehicle on Indiana highways and state roads, you should learn more about car insurance requirements. Firstly, the state follows the “fault”-based system to determine who holds financial responsibility for all damages incurred during the accident. In simple terms, the person found to have been negligent and caused the accident is required to pay for all economic and non-economic damages via their insurance provider.
Contact one of the Legal Chief’s representatives by visiting the link below if you wish to receive legal advice on car accident cases in Indiana. We have countless experts who can help you out.
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Auto Accident FAQ
Your first and foremost action following an accident is to stay calm, check if you or anyone else involved has been injured, and call the police. Get the name and contact information of all parties involved in the accident as well as any witnesses of the event. To document the damage, take pictures of the accident scene, the vehicles, and your injuries. It’s important not to admit liability until you hire an attorney because they will conduct a thorough investigation to establish the driver at fault.
Right after a car accident, you may feel fine, but injuries can surface days, weeks, and even months later. That’s why it’s good to see a doctor even if you don’t believe you were injured in the accident. Your doctor can recognize issues or injuries that won’t immediately become apparent to you and alert you to warning signs of injuries that may arise due to the accident. If you fail to treat your injuries within a certain period of time, you may forfeit your right to get reimbursement for future medical costs. The general rule is not to settle auto accident claims without having been examined by a medical professional.
In most cases, you won’t have to go to court. The majority of auto accident claims are resolved outside of court after negotiating the terms with the insurer. Most insurance companies generally try to settle claims as quickly as possible and for as little money as possible, so it’s wise to have an attorney negotiate on your behalf.
In addition to taking pictures of the accident scene and taking the contact information of the involved parties and witnesses, your detailed explanation of how the accident happened is also necessary to file a claim. Law enforcement reports of the accident will also serve as crucial evidence in your claim.
Many factors determine the driver at fault in an auto accident case. Do not accept any part of the blame until the investigation has concluded. Even if the investigation finds that you are partially at fault, you may still be entitled to receive compensation.
There are cases when the victim also shares part of the blame for an accident. If, for example, you were driving five to ten mph over the speed limit when the accident happened, this would have limited your reaction time, and you could likely be considered a negligent driver even if you weren’t the one to cause the crash. Different states have different ways of settling auto accident claims where more than one driver is at fault. So it’s best to check the specific laws in your state (or the state where the accident took place) or discuss the matter with your auto accident injury lawyer.
It happens surprisingly often that people get into an auto accident where the driver at fault doesn’t have insurance. In these situations, it’s wise to have an auto insurance policy that comes with Uninsured Motorist (UM) coverage. That way, if you get into an accident and the at-fault driver doesn’t have insurance, you will still be able to file your claim under the UM coverage you have with your own insurance company. Your insurer will then process the claim following the same process as it would for an opposing insurer. The only difference is that the claim will be against your UM coverage and not against another driver.
Likewise, if you were involved in a hit-and-run accident where the responsible driver fled the scene before you could take their information, you can again seek compensation from your UM coverage.
Suppose you suffered injuries after an auto accident that was caused by another driver’s negligence. In that case, there are two main types of damages that you may seek compensation for: compensatory (a.k.a. monetary) and punitive damages.
Compensatory damages are the most common type of damages in a personal injury claim, and they often include:
● Current and future medical bills
● Property damage
● Emotional duress
● Lost wages
● Loss of enjoyment of life
● Loss of future earnings potential
On the other hand, punitive damages are much rarer, but they can occur in situations where the vehicle manufacturer is to blame.
