Indiana is not a no-fault state. It is a fault state where you file a claim against the negligent driver’s policy. So, if you caused the accident, the other driver would file a claim with your insurer.
How to Prove You’re Not at Fault
After an accident, you will want to secure a fair financial award. The only way to do this, though, is to prove the other party mostly caused the accident. This will require proving negligence. There are four elements you must prove:
- The other party had a duty of care not to harm you.
- They violated this duty.
- The other party’s violation caused the accident.
- The accident resulted in your losses.
Different sources of evidence can help you in this task, such as traffic camera footage from the accident scene, photos of your injuries, and eyewitness accounts of the incident. The accident report might even place blame on the other party, which could also help your case.
What to Do When an Accident Happens with an Uninsured Party
If the at-fault driver does not have insurance, you could file a claim with your own insurer (if you purchased uninsured/underinsured motorist coverage). You only need to buy certain coverage under the law, and this is not one of them.
As the Indiana Department of Insurance (IDOI) affirms, you can waive this coverage. If you did waive it, though, you will have to file a lawsuit against the other driver to obtain financial recovery in this scenario.
Because Indiana is a fault state, you do not have to immediately take on the burden of your accident-related injuries. The responsible party is the one that the law insists should pay.
What to Do at the Accident Scene
After an accident, make sure you, your passengers, and those in other involved vehicles are okay. Then, take pictures of the damage to the cars (if it is safe to do so). Move your car out of the flow of traffic, if you can. Make sure you exchange information with the other driver(s).
At that point, you should call emergency services to assist you. The police could make a report detailing the accident, and paramedics could give any necessary medical treatment.
What to Do After You Leave the Scene
If possible, do not go straight home after an accident. Instead, seek out medical attention. You want to ensure that you and your family are well, and if you did get injured, you should obtain treatment. You might have an injury that does not present symptoms immediately at the accident scene.
A doctor or nurse could diagnose your injuries and provide you with information that could support your claim later. The sooner you get treatment, the easier it will be to connect your injuries to the accident. Your lawyer can prove the cause of your injuries by using time-stamped receipts from your medical care, among other documents you receive.
Our Firm Could Help You After an Indiana Car Accident
Our firm could take on your case for you. This way, you do not have to educate yourself about topics like whether Indiana is a no-fault state or not. You can count on a representative to:
- Protect your rights
- Answer your questions
- Assign a value to your losses
- Investigate your accident
- File paperwork
- Argue your case in court, if necessary
Why Accident Victims Hire Lawyers
After your accident, you probably don’t want to devote your precious time to fielding calls from insurance adjusters and scrambling to find evidence that supports your case. Let a car accident lawyer do this for you. You deserve to recover from your injuries and spend time with your loved ones.
Also, focusing fully on your health means that you won’t let your case distract you from achieving maximum medical improvement (MMI). Your health and safety are of the utmost importance during this time.
Act Promptly If You Need to File a Lawsuit
IC §34-11-2-4 imposes a deadline on personal injury lawsuits. This means that once your accident occurs (or you realize you are injured), you generally have two years to take legal action. The insurance company has its own rules about claims, but if you find that the claims process is not beneficial for you, you can always file a lawsuit.
Failure to file before the deadline ends would put your right to compensation at risk. The court might dismiss your case.
Sevenish Law Firm, P.C. is Waiting to Take Your Call
Attorney Randy Sevenish could handle your case. Personal injury is all we do. Some firms dabble in multiple types of law, but this is not how we roll.
Call Sevenish Law Firm, P.C. to talk about how our firm operates. We can tell you about our ‘“no win, no fee” payment policy during this call, and you can inform us how your accident has affected you and your family.