If you’re shopping for a new car, you’re going to want to test drive a few before you sign on the dotted line. Test driving a shiny, new car is exciting. Even if you know you can’t afford the car, it’s awesome to see what it would be like to take it out on the open road.
But if you’re hit by someone test driving a car, you won’t be very excited. You’re going to be frustrated and confused. You won’t know where to begin when it comes to filing your insurance claim. You may also feel intimidated because you feel like you’re going up against a big car dealership.
Here is some advice on what to do if you’re hit by someone shopping for a new car. It’s not much different from any other sort of accident. There are three (3) basic things you always need to do immediately after a car accident in Indianapolis:
- Call the police – Even if the accident seems minor, you need to call the police. This may be even more important in this kind of situation. The defendant will probably have a car salesman in the car with them. The salesman may go along with the defendant’s story that you caused the accident. The police will do a thorough, independent investigation of your crash.
- Seek medical attention immediately – You have to go to the hospital after any car accident. This may seem silly. If you don’t feel like you’re hurt, you may not feel like going to the emergency room. This isn’t really an option. If your case ends up going to court, you’ll need proof of your medical bills and injuries. Your Indianapolis car accident attorney will depend on your going to the hospital.
- Call and experienced car accident lawyer in Indianapolis – Once you are checked out by a doctor and know you’re okay, call and talk to an experienced car accident lawyer. They can review your case and let you know what you need to do. They’ll also deal with the dealership’s car insurance company on your behalf.
No matter how intimidated you may feel, you have to remember that the law doesn’t change just because the defendant was test driving a car. Your Indianapolis car accident attorney will still have to prove fault. And they’ll still have to prove damages. It’s just a matter of going up against the dealership’s insurance company instead of the person test driving the car.
You May Need to File Multiple Insurance Claims
Although the car dealership’s insurance company will more than likely be responsible, you still want to protect yourself. Your auto accident attorney in Indiana will still suggest you file a claim against the driver’s personal insurance policy as well.
The dealership’s insurance company may deny your claim. There are a variety of reasons for this, including:
• The policy wasn’t valid
• The policy had lapsed for non-payment
• The driver wasn’t listed on the policy
• You didn’t file your claim in time
• The insurance company doesn’t believe you were hurt
• They think you caused the accident
• You have a history of filing false claims
If the policy wasn’t valid, there’s no way the insurance company is going to pay. Although, the odds of a car dealership having their insurance cancelled for non-payment is slim. But it could happen.
If your claim is denied, you may have to rely on the driver’s insurance to cover your injuries. Also, if the dealership’s policy doesn’t cover all of your damages, you can pursue the remaining amount against the driver.
What Kind of Damages Can You Demand?
If your claim isn’t paid, you may need to file a car accident lawsuit. Your Indianapolis car accident lawyer will demand that you compensated for your losses, including:
- Medical Bills – You should be entitled to both current and future medical bills related to your car accident injuries.
- Lost Wages – If you missed a significant amount of time from work, you should be paid for it.
- Property Damage– If your car is damaged or destroyed, your lawyer will demand compensation.
- Pain and Suffering – if your injuries were serious, you may be entitled to damages for your physical and mental anguish.
Contact an Experienced Car Accident Lawyer in Indianapolis
If you get into a car crash – even a minor one – you’ll have to pay for some things out of your own pocket. The defendant should be held responsible for these expenses. This is why you should keep receipts and all documentation.
Your Indianapolis car accident lawyer will work hard to get you compensation for all of these things. That’s why you should call and schedule your free initial consultation today.
