How to File a Personal Injury Claim After an Auto Accident in Indiana

The car accident claim process in Indiana involves multiple steps, some of which you may be unprepared to handle at a time of stress, anxiety, and physical complications stemming from the collision. Having a reputable and experienced Indianapolis automobile accident lawyer complete the personal injury claim process on your behalf will give you peace of mind, while also ensuring adequate compensation.

To prepare for the upcoming claim process, let’s take a closer look at the procedures and the legal framework.

Indiana Car Accident Laws

The Indiana car accident laws valid at the time your collision occurred will determine how fault is established and whether you’ll be entitled to personal injury claim compensation.

Indiana is an at-fault state. The driver responsible for causing a car crash will have to pay for damages and medical expenses from their insurance.

Furthermore, Indiana uses a modified comparative negligence doctrine when personal injury settlements are calculated.

In that case, a plaintiff has to be less than 51 percent responsible for a collision. Otherwise, they wouldn’t get to recover anything. If the plaintiff’s behavior on the road contributed to the accident, the compensation amount will be reduced by the percentage of their involvement in the crash.

How to File a Personal Injury Claim

You were hit by another driver and you know that you’re not responsible for the collision. In that case, you’re entitled to financial compensation. You’ll get it after filing a personal injury claim.

An Indiana car accident lawyer will guide you through the most important steps you’ll need to complete. Generally, the things you’ll have to do are:

  • Seek medical attention immediately after the accident and collect all documents/medical reports that the healthcare service provider gives you
  • Gather additional evidence about the crash in the form of photos, videos, witness statements, police reports
  • Get information from the other party involved in the crash about their insurance company
  • Notify your insurance company about the collision
  • File a claim with the insurance company of the at-fault driver

find out how to get compensation after a car crash

Once your claim is filed, the insurance company will carry out its investigation to determine whether you’re entitled to a payment and what an adequate amount will be. As a part of that investigation, you’ll probably be asked to provide a statement.

It’s very important not to communicate with the insurance company director. Let your personal injury lawyer handle the discussion. Insurance companies have massive legal teams and as profit-making organizations, they’re interested in minimizing payouts. Any mistake you make during the communication with an insurance company rep can cost you money.

Usually, after the completion of all these steps, you’ll be offered a settlement amount. If you feel that the settlement is unfair or inadequate, you can continue negotiating or you can decide to partake in mediation.

Is It Possible to File a Lawsuit?

Sometimes, a fair settlement will be impossible to reach during the negotiation phase. In those instances, people start thinking about a lawsuit.

In Indiana, you have the legal right to file a car accident lawsuit. The statute of limitations for initiating such legal proceedings is two years from the date of the crash.

Keep in mind that a lawsuit is a last-resort option. Most car accident attorneys will recommend exhausting all other choices before that. Try to get a good settlement through negotiating and mediating with an insurance company. In the vast majority of cases, that will be enough to receive adequate compensation.

Proving that someone’s negligence caused you harm will help you build a solid legal case that will eventually lead to receiving the compensation you deserve for your pain, suffering, and losses.

Contact an Indianapolis Car Accident Attorney for Guidance

Your Indianapolis car accident lawyer will help you during every step of the personal injury claim process. Even if you don’t get the expected result at first, there will still be opportunities worth pursuing that a trained legal professional will know about.

Call us now at 317-482-7888 if you’ve been hurt in a car crash. We’ll consult you for free and recommend the course of action that will help optimize the settlement amount.

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