How Are Damages Calculated in Personal Injury Cases in Indiana?
If you were injured due to the wrongful behavior of another, you deserve compensation. Learn our brief personal injury compensation types in this article.
If you have suffered a car accident in Crown Point, Indiana, or elsewhere in the state, the police will probably come to the scene and create a report on your car accident. Consequently, you need to know where to get a report on a car accident. The most convenient way to obtain Indiana car accident reports is online at BuyCrash.
The police can create a police report for any number of reasons. Automobile-related police reports include police reports for vehicle thefts, carjackings, and car crashes, among other reasons. In a car accident report, the police will conduct a basic investigation into a car accident.
So what is in a police report for car accidents? A car accident report, which Indiana calls a vehicle crash report, includes the responding officer’s conclusions about the accident.
So exactly what is in a police report for automobile accidents? Much of its contents include information to which the officer might testify at a trial or deposition, such as:
The police report may contain other information as well. Remember, you cannot simply assume that all of the information is complete or accurate. The information in a police report can be challenged.
The creation of a police report is a standard part of the ordinary car accident reporting procedure. So what is a police report used for? The most important use of a car accident police report is at the negotiating table, where your lawyer or the insurance company might use it to advance their position on your claim.
A police report can be a critical tool for resolving your auto collision claim. Police reports are generally not admissible as evidence. However, most car accident claims are settled at the negotiating table.
Following are some of the advantages of obtaining a police report on car accidents:
Remember, you can request a copy of your motor vehicle’scrash report and challenge any false or misleading information in a police report; car accidents are complicated, and mistakes are not unheard of.
The Bureau of Motor Vehicles requires a crash report to be filed within ten days of when the accident occurred. If the parties involved fail to do so, the penalties include revoking the car’s registration and the driver’s license. Furthermore, failing to report an auto collision is considered a Class C misdemeanor, with penalties that include up to 60 days in jail and a $500 fine.
If you don’t report a motor vehicle accident, you may not be able to successfully pursue an auto collision claim from the at-fault driver. Your car wreck attorney uses the crash data in the police report to prove your compensation case.
The police report is an objective analysis of the facts of the car crash and the determination by the investigating officer as to what caused the collision. It includes witness accounts from the drivers involved, the date and time the accident occurred, and the road conditions and weather at the time.
The crash data in the report backs up what you say happened when filing your insurance claim, proving that your recklessness didn't cause injuries and vehicle damage.
Filing a crash report doesn’t have to be difficult. Indiana allows parties involved to self-report, and you can file your report online if the collision meets certain criteria.
Some collisions may not require an immediate response from a law enforcement officer. If the accident is minor, then you can still file a crash report. Official accident reports are still helpful for several reasons.
For example, the report gives you an opportunity to add the full scope of your vehicle damage. Not everything is evident immediately after the collision — a certified mechanic may uncover more damage you can’t see.
Accident reports protect you from future liability. The other driver may have agreed that they were responsible at the scene and exchanged contact information. However, later on, when you attempt to file an insurance claim, you may realize that they’ve told their insurance company that you caused the collision.
Police reports are a powerful tool in future litigation
Accident reports can expedite your settlement, as all the crash data is on an official report
Can I get a police report after an accident? Yes! There are several reasons people need crash reports. Indiana makes it easy to request a copy of the report online or from the station where you filed the crash report. Insurance companies often require crash reports to process claims, and you’ll also want one for your records. Usually, you just need the date of the crash and a little more info.
It’s important to know how to get a police report for a car accident. Without the crash report, you could have trouble getting compensation from your or the other party’s insurance company. To obtain a certified copy of Crown Point police reports, go to the BuyCrash site, sign up for a membership, and then input this information:
You can also input the report number, but you shouldn't need it as long as you have the rest of the crash data. The Indiana State Police has crash records available online. You need the jurisdiction of the accident or the name of the investigating officer, the date, and a little more personal information.
How long does a police report take after an accident? Police crash reports are usually completed within a few days of the accident. Some crash records are available as public records, while others are limited to the drivers involved, representatives of the parties, and their respective insurance companies.
Your personal crash records aren’t complete without the police report. Crash reports play a large part in the result of your car wreck claim, so make sure you carefully read the crash report and identify any errors right away.
Consider obtaining a physical copy of the accident report from your own insurance company. One of the first steps your insurance company takes is to request an official crash record, and your adjuster will likely be able to send you a copy for free.
Alternatively, you can request a copy of the report from the department that compiled it. But you may have to pay a small fee. Crash reports are usually available online, but a certified copy may have to be picked up in person or mailed. Call the police department in the accident location to learn how to get copies of crash reports.
Although crash reports are commonly used to negotiate settlement claims, a police report as evidence in court is a little more complicated. Usually, litigants in small claims courts, where a minor accident would be settled, can use police reports to back up their cases. Judges typically make allowances for lay plaintiffs and defendants and don’t expect you to know the rules of evidence like a car accident lawyer would.
However, if the case goes to trial, both parties are bound by the rules of evidence. The police report may or may not fall within admissible evidence.
The report could be ruled out as hearsay evidence because it is an out-of-court statement. All of the witness statements in crash reports would be hearsay since they were recorded at the crash scene and not in the courtroom.
Some jurisdictions rule police reports as business or public records; therefore, part or all of the report could be admissible.
Yes, you should, at least if you are planning to seek compensation. Reporting a car accident to insurance, however, requires you to watch what you say. Make sure you consult with your lawyer in advance to learn how to report a car accident to insurance. This will keep you from making any statements that the insurance company could use against you later.
Insurance companies work hard to get all the facts before they pay out a claim, so your claims adjuster will probably get a copy of the report to match its details with the information you provide when you report the collision.
If the other driver files a claim for damages with your insurance provider, they will likely get the crash data and possibly conduct their investigation into the incident.
Although the police report may not be admitted as evidence in court, if your insurance company decides to fight the other party’s claim, it could play a role in collision claims settled out of court.
If the police report indicates that the bulk of the blame for the accident lies at the fault of one party, or if the report contains enough evidence to draw a conclusion about fault for the crash (such as a breathalyzer performed at the scene that indicates one party was driving under the influence), then both parties may push to settle out of court.
Your insurance adjuster will likely reach out to other parties involved in the accident, such as passengers and witnesses whose names and contact information are contained in the report.
Take a closer look at how a typical Indiana police report of motor vehicle crashes is laid out.
The first page is an overview of the incident, including the time, location, and details of the vehicles involved. You’ll note the road conditions and any other contributing information that could relate to the cause of the crash. The investigating officer may indicate a primary cause, but not always.
Read page two carefully to look for any errors or omissions. Look at the placement of the motor vehicles involved — is it right? Does the narrative that the responding officer described fit what happened? The narrative in the police report is sort of a catchall for details that don’t fit anywhere else.
Each motor vehicle involved in the crash is referred to as a unit, so there is a copy of this page for every unit. Not all the injuries to the parties may be known at the time of the report; some may need additional tests to determine, so the report typically contains the most severe injury to each driver.
If you have suffered a car accident, or if one of your relatives died in a car accident, you might need to file a claim for damages. Since Indiana is not a “no-fault” auto insurance state, it all depends on whether the accident was someone else’s fault. You need to know whether you have a claim, and if so, how much it is worth.
Call Stracci Law Group for assistance and advice at 219-525-1000, or simply contact us online. We serve clients in Crown Point [46307, 46308], Hammond [46320, 46323], Merrillville [46410, 46411], and everywhere else in Northwest Indiana.