The Indianapolis car accident claims process can seem difficult to navigate if you have just been in a collision. However, with the help of an Indianapolis claims process car accident lawyer with Sevenish Law Firm, P.C., you could pursue the damages you deserve for your injuries and losses.
Who Handles Vehicle Collision Claims?
Vehicle accident claims are handled by claims adjusters. There are three parts of the Indianapolis car accident claims process. These three parts include liability, damages, and insurance. The failure to have all three is fatal to the injury.
They focus on liability first and foremost, regardless of what the injury is, even if the person was killed, dismembered, or paralyzed. If they cannot establish that the other side is at fault, then there is no case.
They want to make sure that fault is established by way of the physical evidence at the accident scene and by way of the police crash report having an error in it. A car injury lawyer will want to connect with the police officers to correct it.
Understanding the Relationship Between Witnesses and Liability
If there are witnesses, a claim adjuster may want to take their statements. If there is a dispute as to what the witnesses say versus what the crash report says, they want to have that crash report corrected by the police.
There are some cases where the injured party could be partially at fault for whatever reason. So, lawyers want to make sure that if there is evidence to show they were partially at fault, it is not greater than 50 percent. If this is greater than 50 percent, they get nothing. Lawyers want to make sure they pose the claim so that the injured party has zero percent at fault but no greater than 50 percent.
Establishing Damages Process
The next part of the Indianapolis car accident claims process is when the lawyer works to establish damages. Damages are also known as injuries. An attorney may want to prove whether the victim has incurred medical bills or lost wages. The type of injury someone has could impact the damages or compensation they receive. Lawyers can help try to establish fault for the victim to have a stronger likelihood of claiming damages. Your lawyer will be sure to conduct a thorough investigation of the accident.
The last part is insurance coverage or assets. Lawyers can establish liability and show there were damages and injuries as a direct result of that person’s liability, but they need to make sure that they have insurance coverage.
If they do not have insurance coverage and if they have no assets, it is pointless to file a lawsuit and take it to trial. They need to get a large verdict. A person cannot enforce that judgment because the people, without a doubt, will file for bankruptcy the day after the jury trial. We will figure out the best avenue for receiving due compensation.
Car Accident Claim Process FAQs
What does it mean when you total your car?
When you total your car, it means that it is not economically reasonable for the insurance company to pay to have it fixed. According to IC § 9-22-3-3, Indiana considers a car totaled if the cost of repairs exceeds 70 percent of the vehicle’s fair market value.
How does the insurance company determine total loss value?
Insurance companies usually use one of two guides to determine your car’s retail value: the National Automobile Dealers Association (NADA) guide or Kelley Blue Book. Things the insurance agent will consider when making a valuation include:
- Your car’s condition immediately before your accident
- Your car’s year, make, and model
- Vehicle mileage
- Your vehicle’s equipment package
- Vehicle enhancements and accessories (such as stereo or navigation equipment, engine modifications, or custom paint)
- The cost of buying a comparable car in your area
What will the insurance company offer you for your totaled car?
If your insurance claim is successful, the insurance company will usually offer you one of two settlement options:
- They pay for a replacement vehicle.
- They pay you the actual cash value (ACV) of your car.
Keep in mind, whether seeking compensation from your insurer or that of another driver, the company will only pay up to the policy’s limit. So if you still owe on your vehicle and the ACV offered does not cover your loan, you may need to seek additional damages with a lawsuit. An attorney with our firm can tell you more.
What if you disagree with the insurance company’s assessment?
If you disagree with the insurance company’s valuation of your car’s worth, you can negotiate. Additionally, you can file a lawsuit if you cannot reach an agreement or the insurance company is not acting in good faith.
How do I choose a car accident lawyer for judicial proceedings?
You can choose a car accident lawyer for judicial proceedings by asking for recommendations, reviewing a firm’s previous successes, and considering how much experience a firm has. Many injury firms also offer free case reviews where, at no obligation, you can explore your legal options.
How Our Clients Feel About Working with Us
If you are like many people, you want to read testimonials from clients before talking to a lawyer about the car accident claims process in Indianapolis. Here, we offer some of our five-star reviews that can help give you an idea of how we help our clients:
- “Randall Sevenish and his firm are the most professional and patient people you’ll ever meet. This is the team for you.” Tay G.
- “This experience was my first working with a law firm as the result of injuries sustained from an automobile accident. I would highly recommend Sevenish Law Firm to everyone.” Dorothy S.
We fought hard for these clients’ justice; we want to do the same for you. You can get started today with a free consultation.
Establishing Liability in Car Accident Injury Claims
Our Indianapolis claims process car accident lawyer must prove these four elements to hold the at-fault party financially responsible for your losses:
- They had a legal duty of care to you. People who drive on public streets must follow the rules of the road.
- When someone breaches their duty of care under the law, they are negligent. For example, someone who runs a red light violates their duty to follow traffic laws.
- The careless activity must be the direct cause of the accident. Let’s say the driver collided with your vehicle because they ran the red light.
- The crash must cause you measurable losses. Physical injuries satisfy this requirement.
We can pursue a claim for compensation against the liable party when we can prove all these factors. We will handle settlement negotiations with the insurance adjuster, and if they are unsuccessful, we have no problem filing a lawsuit. We will continue the fight for you in court. You deserve fair compensation, and we will tirelessly pursue it.
Avoid These Mistakes After Getting Hurt in an Indianapolis Car Crash
People who get hurt in car accidents can face hurdles when they try to get compensation for their injuries. You do not automatically get money for your medical bills and lost income without taking action. Here are some of the mistakes that could reduce the amount of monetary damages you can go after:
- Waiting too long to take legal action. You have a limited time to act for your losses. Once the deadline passes, you lose your right to sue for damages. The insurance company will not negotiate with you or pay you a single dollar if you have not protected your rights by filing a lawsuit.
- Trying to tough it out. Medical care in the United States is expensive. Also, the outcome of litigation is uncertain. It can be tempting to put off treatment in hopes that your wounds will heal on their own. The problem with this decision, however, is that without medical treatment, it is extremely difficult to prove that you have injuries from the accident.
- Thinking that it is wrong to take legal action against others. Many of us were raised to believe that society is too litigious and that we should not take legal action against other people. Unfortunately, when other people do negligent things that harm others, we must take legal action to get them to pay for that harm.
You should not have to bear the consequences of the losses that someone else caused.
It’s wise to hire a lawyer, because you could make several mistakes that could weaken your claim. We won’t let you fall victim to bad-faith insurance tactics. We’re here to make a difference and secure the financial recovery you deserve to move forward more comfortably.
How an Attorney May Treat Car Accident Cases
Lawyers are careful when handling the Indianapolis car accident claims process. Damages, injuries, and liability need to be established to potentially receive appropriate insurance coverages. Coverage could be available either with the defendant or the potential client with their underinsured motorist coverage. If there is no insurance, the defendant likely has no appropriate assets to make it worthwhile to file a lawsuit.
We will explore all your compensation options. We don’t give up on our clients.
Call Now for a Free Consultation
You can contact Sevenish Law Firm, P.C. today for a free consultation about the Indianapolis claims process. There is no obligation, and if we take your case, we will work on it at no upfront cost to you. We receive payment only if you win your case.