Accidents are bound to happen on icy roads during winter. Some involve more than one vehicle while others are single-car accident. If you run off the road, you can’t just blame the ice when you report the accident to your insurer. Of course, you will want to get compensation for bodily injuries or vehicular damage. However, you should know upfront that insurance companies will always hold the at-fault driver liable. Ice makes little difference to them. Still, there are ways to get compensation.
Why Insurance Companies Hold Drivers Responsible for Accidents, According to a Car Accident Attorney in Indianapolis
Driving on ice can be difficult and wintry conditions can reduce visibility. Drivers should be aware of this and adapt their driving to suit. They should drive slowly and leave lots of space between them and other vehicles. They should also know how to maneuver if the vehicle begins to skid. If conditions are really bad, they should simply stay off the road. Insurance companies, therefore, hold the view that weather can’t be solely to blame. Something the driver did or did not do contributed to the accident.
Drivers who fail to drive with the necessary care are liable whether or not weather played a role. If you slid on black ice and crashed into a wall, you will be deemed liable for the accident. The police will likely write a ticket saying you were driving too fast for the conditions. If another driver crashed into you because of poor visibility, they will be held liable.
Indiana is a fault state or tort system state. This means someone has to be found at-fault in an accident. Specifically, Indiana uses the comparative negligence system. This seeks to determine the degree to which each driver was at fault. In no-fault states, drivers can use their own insurance to pay for damages regardless of who was at fault.
How an Indianapolis Auto Accident Lawyer Will Advise You to Get Compensation
You should be able to claim compensation under different aspects of your car insurance policy. What you can claim depends on the circumstances of the accident.
If another driver is at fault, you should get compensation. It can include medical bills, property damage, lost wages, and other damages. The driver should have the minimum amount of auto insurance required for drivers in Indiana. This is:
- $25,000 for bodily injury liability per injured person
- $50,000 for bodily injury liability per accident
- $10,000 for property damage coverage
If the driver does not have this much coverage in Indianapolis, they are driving illegally.
To increase your chances of a successful claim, you should:
- Call the police immediately after the accident
- Get the driver’s name, insurance information, and license plate number
- Take photos of the accident scene, road conditions, and any injuries
- Get seen by a doctor
- Inform your insurance company
- Call a car accident attorney
You may get compensation for injuries if only your vehicle is involved and you and your passengers are hurt. It depends on the type of policy you have. You can claim damages under your medical payments or personal insurance protection coverage if you purchased them.
You will only be able to claim for damage to your vehicle if you bought collision coverage. This would apply if you hit a mailbox, guardrail or another object after sliding on the ice.
Another avenue for compensation is the towing claim which may be included in your policy. An accident on icy roads may result in you needing a tow out of a ditch. If you can’t drive your car, call your insurance company and find out if towing has coverage.
Contact an Indianapolis Auto Accident Lawyer for Advice on Your Case
As with any other insurance claim, you may not get the compensation you expected after your accident. Whether or not the crash was due to icy roads, the insurer will be reluctant to pay. They may deny your claim or offer you a very low settlement.
When this happens, contact the attorneys at Rowe and Hamilton for assistance. We know how to negotiate with insurance companies. If we can’t reach a settlement, we will fight your case in court.
If you simply need guidance immediately after your accident, we can help you as well. Call us today to discuss your case.