Things to know about Indiana car accident laws

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If you ever have the misfortune of getting injured in a serious car accident in Indiana, you must know the state laws. Indiana is an at-fault state, so the driver at fault will pay compensation to the victim(s), usually through their insurance company. It can be hard to determine fault and liability right away, which is also why you need to hire an Indiana personal injury attorney. A skilled attorney can make a big difference to your case. For your help, here is an overview of Indiana car accident laws. 

Statute of limitations

Like most states, Indiana also has a statute of limitations, which gives a specific deadline to file personal injury lawsuits after a car accident. In Indiana, you have two years to file such lawsuits, counting from the date of the accident. In case the accident led to someone’s death, the family can bring a wrongful death lawsuit within two years. Note that these deadlines don’t apply to insurance claims. You need to inform the insurance company immediately after an accident.

The modified comparative fault rule

Indiana follows what is known as the ‘modified comparative fault’ rule. In case you have part share of fault, your eventual compensation will be reduced by your percentage of fault. For instance, if you were awarded $30,000 in compensation but were also found 10% at fault, you will only get $27,000 as the final settlement. In the real world, insurance companies often use this as a way to reduce settlements or deny claims. This is one of the real reasons why you need a personal injury attorney. 

Meeting an attorney

Just because you believe that you have a car accident claim doesn’t mean that the case will hold. A skilled personal injury attorney is your best bet at handling insurance claim related paperwork and negotiating with the claims adjuster. You definitely need a personal injury attorney, if –

  • There were multiple parties at fault
  • You were partly at fault
  • You sustained serious injuries
  • You are likely to suffer from temporary or permanent disabilities
  • You suffered serious vehicle damage

Consider talking to an attorney immediately after the accident. Your personal injury attorney will have more time to gather evidence and facts that will bolster your case. 

In Indiana, you are required to report a car accident that resulted in injuries, death, and/or property damage. Make sure to call 911 from the accident scene and check if others need help. 

 

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