October 25, 2024
Being involved in a car accident is always a stressful experience, and it can be hard to know what to do next. That’s why it's important to know beforehand your rights and the steps you need to take to protect yourself and ensure fair compensation for any damages or injuries you've suffered.
This article will guide you through the essential steps to take after a car accident in Indiana that wasn't your fault, from the immediate aftermath at the scene to seeking legal counsel and filing a claim.
What Is Considered Fault in Indiana?
In the context of a car accident, "fault" refers to the determination of who was responsible for causing the accident. It's a legal term used to establish liability for damages and injuries resulting from the crash.
Indiana follows a fault system when it comes to car insurance claims. This means the person deemed at fault for the accident is typically responsible for covering the damages and medical expenses of the other parties involved.
Several factors can determine fault in a car accident, including:
- Traffic laws: This includes if one driver violated traffic laws, such as speeding, running a red light, or failing to yield.
- Witness statements: Someone who observed the accident can provide details about what happened.
- Police reports: The police report often contains valuable information about the accident, including statements from those involved and any citations issued.
- Physical evidence: This could include vehicle damage, skid marks, and the position of the vehicles after the accident.
- Expert opinions: In complex cases, accident reconstruction experts may be consulted to analyze the evidence and provide an opinion on who was at fault.
It's important to note that fault isn't always clear-cut. Sometimes, both drivers may share some degree of responsibility for the accident. In such cases, Indiana follows a modified comparative fault rule, in which damages are awarded based on each driver's percentage of fault — as long as the injured party is not more than 50% at fault.
How to Determine Who’s at Fault in a Car Accident
Determining fault in a car accident isn't always straightforward, but here's the general process involved.
First, there will be a police investigation:
- At the scene of the accident, the police will gather evidence, interview witnesses, and create a police report.
- The police report will typically include an officer's opinion on who was at fault, based on their observations and the information gathered.
- This report can be a crucial piece of evidence in determining fault, but it's not the final word.
Next (or concurrently), the insurance companies will investigate:
- Both your insurance company and the other driver's insurance company will conduct their own investigations.
- These investigations will involve reviewing the police report, interviewing witnesses, inspecting vehicle damage, and consulting with accident reconstruction experts.
- The insurance companies will use this information to determine fault and assess the extent of damages.
The results of these investigations can indicate who was at fault for the accident, but they’re not always clear-cut.
Steps You Can Take to Help Prove You're Not at Fault for Your Car Accident
Even if the accident wasn't your fault, it's essential to take proactive steps to strengthen your case and protect your rights:
Gather evidence at the scene:
- Take photos: Capture photos of the accident scene, including vehicle damage, traffic signs, skid marks, and any other relevant details.
- Exchange information: Obtain the other driver's name, contact information, license plate number, and insurance details.
- Collect witness statements: If there are witnesses, get their names and contact information — their accounts can be valuable in supporting your case.
Report the accident:
- Call the police: Even in minor accidents, it's essential to report the accident to the police.
- File an insurance claim: Notify your insurance company about the accident, providing them with all relevant details.
Seek medical attention:
- Get checked out: Even if you don't feel injured immediately, seek medical attention promptly — some injuries may not manifest symptoms right away.
- Document your injuries: Keep records of all medical treatment, bills, and any related expenses.
Preserve evidence:
- Keep a journal: Record your recollection of the accident, including details about what happened, how you felt, and any subsequent medical issues.
- Save receipts: Keep receipts for any expenses related to the accident, such as medical bills, car repairs, and transportation costs.
Avoid admitting fault: Refrain from apologizing or admitting fault, even if you think you may have contributed to the accident.
Consult an attorney: If you're unsure about your rights or how to proceed, consult with an Indiana personal injury attorney.
Even if you skipped some other steps, it’s vital to fulfill the last. A personal injury attorney can help you understand your options, gather evidence, negotiate with insurance companies, and advocate for your best interests.
What Not to Do After a Minor Car Accident
After a car accident (even if it’s minor), keep the following things in mind:
- Don't leave the scene of the accident without reporting it to the police.
- Don't forget to photograph the scene of the accident, as well as the people and vehicles involved.
- Don't fail to get the other driver's contact and insurance details.
- Don't admit fault.
- Don't say sorry, even to be polite.
- Don't neglect seeking medical attention, even if you don't think you were injured.
- Don't neglect to read the police report and object to any inaccuracies.
- Don't mention your case on social media, and assume that the opposing party is always. monitoring your account for something they can use against you.
Above all, don't try to handle everything on your own. Hire a car accident attorney.
How Does Car Insurance Work When the Car Accident Was Not Your Fault?
In Indiana, when a car accident occurs and you're not at fault, the process generally involves interacting with two insurance companies:
The At-Fault Driver's Insurance Company
In order to get compensation for a car accident that wasn’t your fault, you must file a claim with the at-fault driver’s insurer.
Filing the Claim
Your first step is to file the claim. You'll need to provide information about the accident, your losses, and any injuries you sustained.
Investigation
The insurance company will then conduct an investigation to determine fault and assess the extent of your losses. They may request additional documentation, such as medical records, repair estimates, or police reports.
Negotiation and Settlement
If the insurance company accepts liability, they'll negotiate a settlement with you to cover your damages. This may involve discussions about medical expenses, vehicle repairs, lost wages, and other losses.
Potential Disputes
If you disagree with the insurance company's assessment of fault or the settlement offer, you may need to negotiate further or consider legal action.
Your Own Insurance Company
In some cases, you might need to pursue a claim with your own insurer:
Uninsured/Underinsured Motorist Coverage
If the at-fault driver is uninsured or underinsured, your uninsured/underinsured motorist (UM/UIM) coverage may come into play to help cover your losses.
Collision Coverage
If you have collision coverage, you can file a claim with your insurance company to cover the cost of repairs to your vehicle, regardless of fault. However, you may be responsible for a deductible. Your insurance company may then seek reimbursement from the at-fault driver's insurance company.
Medical Payments Coverage
If you have medical payment coverage (MedPay), it can help cover your medical expenses, regardless of fault. This coverage is often limited but can be valuable in covering immediate medical costs.
Important Considerations
Besides the above, there are a couple of things you need to keep in mind:
- Indiana's no-fault deductible: Indiana uses a no-fault deductible system, which means your own insurance may cover the first $500 of your damages, regardless of fault.
- "No Pay, No Play" law: Indiana's "No Pay, No Play" law limits the ability of uninsured drivers to recover certain damages if they are injured in an accident.
All of these factors are a lot to keep track of and perform your due diligence with, so it’s crucial to connect with a car accident lawyer.
Should I Get a Lawyer for an Accident That Was Not My Fault?
Is it worth getting a car accident lawyer for a car accident? The answer is yes for several important reasons.
You Might Suffer Hidden Injuries
It’s easy to overlook your immediate symptoms as just you being shaken up instead of considering the presence of a serious soft tissue back injury or hairline fracture. And by the time you realize the car accident resulted in injury, it may be too late to have the other party cover your medical costs. This is especially true with concussions, which are common after car accidents — the symptoms may be mild at first, but they get worse over time.
A lawyer can help you seek medical care for all your injuries and get the full picture of your losses. This is crucial because these medical records provide valuable evidence for your case.
You Can Win Compensation for Different Types of Losses
You may be eligible to collect various kinds of compensation, not just medical expenses. Personal injury lawyers seek maximum financial recovery for all your losses and often negotiate a higher settlement than you would have been able to on your own.
The damages they seek include:
- Property damage to your car
- All your medical care, including emergency treatment and aftercare
- Reimbursement for lost wages due to missed work
- Filing a wrongful death suit for your family if you do not survive your injuries
- Pain and suffering (for physical pain)
- Mental anguish
- Loss of enjoyment of life
These last three are important damages to see: courts frequently award non-economic damages of three to five times the amount of compensation for medical expenses.
The Other Party Might Try to Blame You for the Accident
Imagine you decide not to call the police or a lawyer after a “minor” accident. Shortly thereafter, you receive a court summons notifying you that you’re being sued for injuries. You might be fairly sure that the opposing party is lying about their losses, but how can you prove it?
In a civil trial, all the opposing party needs to win is evidence representing a 51% likelihood that their claim is true and they suffered injuries. This isn’t a hard standard to meet, but it’s much harder when you have a car accident lawyer on your side.
Insurance Companies Have a Tendency to Reduce the Severity of Your Injuries
Insurance companies often try to minimize car accident insurance claims — and that’s if they don't deny your claim outright. They might say that you aren't as badly injured as you say you are or claim that your injuries already existed. As a result, it's not unusual for the adjuster to offer a settlement much lower than the actual value of your claim.
Once you accept a settlement offer from the at-fault driver's insurance company, that's it — you can’t seek additional compensation if it turns out that you need additional surgery or extra repairs to your car that you weren't aware of when you settled.
Your car accident lawyer protects you from making a mistake like this. Their years of experience give them an accurate idea of exactly what you're entitled to, and they can negotiate a settlement that’s appropriate for your losses.
When Should I Hire a Lawyer for a Car Accident?
You should hire a lawyer as soon as possible after a car accident. At the very least, you will need a lawyer to discover whether you actually have a viable claim.
If you have a claim, a lawyer can help you assemble a case and file before the statute of limitations deadline expires. In a personal injury case, this date is normally two years after the date of the accident.
Even if your lawyer decides you don't have a claim, they’re still a valuable resource. For example, your lawyer can help if you receive a court summons or a written or verbal complaint from someone else involved in the accident.
Next Steps Post Hiring a Lawyer for Minor Car Accidents
Once you hire your Indiana car accident lawyer, make sure you give them everything you have about the accident, including the official police report, your medical bills, and copies of your communication with the other driver, their insurer, and your insurer. If you remembered to take photos after the crash or get contact information from witnesses, give your lawyer all of that as well.
Your lawyer will take over the case from there, allowing you to rest and heal without the stress. They’ll also handle all communication that pertains to your case, so any contact from the other party's insurer company should be referred to your lawyer.
How Much Does It Cost to Hire a Car Accident Attorney in Indiana?
Hiring a car accident lawyer costs you nothing unless you win your personal injury claim. Most lawyers work on a contingent fee basis, which means your lawyer will receive a certain percentage of your compensation award. Since any percentage of zero is still zero, you only pay if you win.
The beauty of a contingency fee arrangement lies in its incentive structure. The more money you win, the more money your lawyer makes. This gives your lawyer every motivation to maximize the amount that the other party pays out.
Let Stracci Law Group Handle Your Car Accident Case
After a car accident that wasn't your fault, you have enough to deal with. Let the experienced personal injury attorneys at Stracci Law Group take the burden off your shoulders. We understand the intricacies of Indiana's car accident laws and insurance claims process.
Contact a car accident attorney in Northwest Indiana today for a free consultation, and let us help you get back on track. Our team is ready to listen to your story, answer your questions, and provide the legal guidance you need to navigate this challenging situation.
Contact us today at 219-525-1000, or fill out our online form to schedule a consultation.
