Car Accident Claim Process in Indianapolis

Navigating the aftermath of a car accident can be a daunting experience. As an Indianapolis car accident lawyer, we understand the physical, emotional, and financial toll that a collision can take on your life. 

Our Indianapolis car accident lawyer will work to help make the car accident claim process as straightforward and stress-free as possible, so you can focus on recovery while we handle the legal complexities. 

Below, we outline the essential steps in the car accident claim process and how we can help you secure the compensation you deserve.

Understanding Indiana’s Car Accident Laws

Indiana operates under a fault-based system for car accidents, meaning the driver who is responsible for the accident is also responsible for covering the resulting damages. This is done through their insurance policy or through a legal claim. 

The state also follows the modified comparative fault rule, which can significantly impact your case. If you are found to be 51% or more at fault for the accident, you cannot recover compensation. However, if you are 50% or less at fault, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 but are 20% at fault, you would receive $80,000.

Additionally, Indiana’s statute of limitations requires that car accident claims be filed within two years of the date of the accident (Ind. Code § 34-11-2-4). Missing this deadline could forfeit your right to pursue compensation.

Step 1: Seek Immediate Medical Attention

Your health and safety should always be your top priority after an accident. Even if your injuries appear minor, it’s crucial to seek medical attention as soon as possible. 

Some injuries, such as whiplash or internal bleeding, may not present symptoms immediately but can worsen over time. A medical evaluation also creates a vital record of your injuries, which is critical for your claim.

In 2021, Indiana reported over 217,000 traffic collisions, resulting in more than 44,000 injuries and 896 fatalities (Indiana State Police Crash Facts). These figures highlight the importance of taking every accident seriously, regardless of its apparent severity.

Step 2: Report the Accident

Indiana law requires drivers involved in an accident resulting in injury, death, or property damage exceeding $1,000 to report the accident to law enforcement. Failure to report can result in penalties, including license suspension. 

Once an officer arrives at the scene, they will create an official accident report (Form 36500), which is a crucial piece of evidence in your case. If law enforcement cannot come to the scene, you must file a report with the Indiana Bureau of Motor Vehicles (BMV) within 10 days.

Step 3: Document the Scene

Gathering evidence at the accident scene can significantly strengthen your claim. If you’re able, take photos or videos of:

• Vehicle damage
• Skid marks or debris
• Traffic signs or signals
• Weather and road conditions
• Your injuries

Also, collect contact information from the other driver, passengers, and witnesses. This documentation will help us as your Indianapolis car wreck attorney to build a compelling case.

Step 4: Notify Your Insurance Company

Indiana requires all drivers to carry a minimum level of liability insurance:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident
• $25,000 for property damage

You must notify your insurance company of the accident promptly, even if the other driver was at fault. However, avoid making detailed statements or accepting blame during this conversation. 

Insurance companies often try to minimize payouts, and anything you say could be used against you later. As your trusted auto accident attorney in Indianapolis, we can handle these communications to protect your rights.

Step 5: Consult an Experienced Car Crash Lawyer

Navigating the legal landscape after a car accident can be overwhelming, especially when dealing with insurance companies and mounting medical bills. Hiring an Indiana accident law firm like ours can make all the difference. 

We investigate the accident, gather evidence, and negotiate with insurers to maximize your compensation. If necessary, we are prepared to take your case to court.

Step 6: Investigating Your Claim

A thorough investigation is the foundation of any successful car accident claim. We work diligently to uncover all relevant evidence, including:

• Police reports
• Witness statements
• Traffic camera footage
• Black box data (if available)
• Medical records
• Expert testimony, such as accident reconstruction specialists

This comprehensive approach ensures that we build the strongest possible case on your behalf.

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Step 7: Negotiating With Insurance Companies

Insurance companies are notorious for offering low settlements to save money. They may argue that your injuries aren’t as severe as you claim or that you were partially at fault for the accident. As your Indianapolis car accident lawyer, we take a firm stance in negotiations. 

We present compelling evidence and advocate fiercely for the compensation you deserve, including:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage
• Future medical costs

In cases where the insurance company refuses to offer a fair settlement, we are fully prepared to take your claim to court.

Step 8: Filing a Lawsuit, If Necessary

While many car accident claims are resolved through negotiation, some require litigation. If the insurance company refuses to offer a reasonable settlement, we will file a lawsuit on your behalf. Litigation involves several stages, including:

1. Filing the Complaint: We formally outline your claim and the damages sought.
2. Discovery: Both sides exchange evidence and depose witnesses.
3. Settlement Negotiations: Often, cases are settled before going to trial.
4. Trial: If necessary, we present your case before a judge or jury to seek a favorable verdict.

Common Challenges in Car Accident Claims

Several factors can complicate car accident claims, including:

• Disputed Liability: The other driver may deny fault, requiring extensive evidence to prove negligence.
• Uninsured Drivers: Despite mandatory insurance laws, many drivers operate without coverage. In such cases, we can explore alternative options, such as uninsured motorist coverage or suing the at-fault driver directly.
• Delays in Medical Treatment: Insurance companies may argue that delays in seeking medical care indicate that your injuries are unrelated to the accident.

By partnering with an experienced Indianapolis car wreck attorney, you can overcome these challenges and secure the best possible outcome.

Why Choose Us?

At our Indiana accident law firm, we pride ourselves on providing personalized, compassionate, and results-driven representation. We understand the challenges you’re facing and are committed to guiding you through every step of the car accident claim process. 

From gathering evidence to negotiating with insurers to representing you in court, we handle it all so you can focus on recovery.

Contact Us Today

If you’ve been involved in a car accident in Indianapolis, don’t navigate the claim process alone. Contact us for a free consultation. As your trusted Indianapolis car accident lawyer, we are here to fight for your rights and ensure you receive the compensation you deserve. 

Let us handle the legal complexities while you focus on healing and moving forward. Call us today to get started.