How Car Accident Compensation Works in Indiana

In terms of car accident liability, Indiana is a “tort” or “fault” state. Basically, this means that the driver who caused the crash pays damages. Every case is different, and an attorney can help you decide the best strategy for your case. But, typically, collecting compensation after a crash will go like this:

An Indiana car accident victim, who is less than 50 percent at-fault, files a claim with the other driver’s car insurance. An adjuster investigates the crash, determines fault, and either rejects the application or calculates a settlement. (Practically speaking, expect it to be a lowball settlement offer that undervalues your pain, comfort, work, and expenses.)

Never accept a settlement or any form of compensation from an insurance company without consulting a lawyer first. Only a lawyer with your best interests at heart can calculate the true value of your claim and negotiate aggressively to get you the results you deserve. If the insurance company won’t make you a reasonable offer, your lawyer can take them to court.

To legally drive a vehicle in Indiana, you must maintain a state-set minimum amount of car insurance and carry proof of coverage. To protect their health and assets, drivers are encouraged to purchase more than the required minimum, which is a 25/50/25 plan. Here are the details:

Required

• Bodily injury liability - At least $25,000 per person per accident, and $50,000 total per accident.
• Property damage liability - At least $25,000 per accident.

Standard options

Drivers are strongly advised to maintain underinsured motorist and uninsured motorist coverage, which can be applied to hit-and-run accidents, too. If you do not want the coverage, you must decline it in writing:

• Uninsured motorist (UM) bodily injury – Standard is $25,000 per person per crash, and $50,000 total per accident.
• Under-insured motorist (UIM) bodily injury – Standard is $25,000 per person per accident, and $50,000 total per accident.

Optional Indiana car insurance

• Collision coverage - Pays for damage to your vehicle after a car accident.
• Comprehensive coverage - Pays for repairs to your vehicle and other property when it is damaged by something other than a car wreck. For example: hitting a DEER or bad weather.
• Loans/lease payoff coverage - May be used when a vehicle is “totaled.” If your vehicle is ruined beyond repair, this coverage will payout a percentage of the vehicle’s pre-crash value.
• Medical payments, or Med Pay - Covers medical expenses for you as well as other occupants of your vehicle regardless of fault.
• Rental car reimbursement - Helps cover the expense of getting around while your vehicle is repaired.
• Roadside assistance - Pays for assistance when your vehicle breaks down away from home. Typically, such a policy will cover battery jumps, tows, fixing flat tires, and similar problems.

Depending on the circumstances of your accident, you may be entitled to collect damages from various policies and at-fault people and entities. Your lawyer can identify all those at-fault in your accident and pursue the total maximum compensation you deserve.

Yes, you have that right. You can sue the driver who hit you and their interests will be represented by their insurance company. This is sometimes the best way to get an insurance company to pay up if they’re being uncooperative.

Indiana has a two-year statute of limitations. That means you generally must start legal action within two years from the date of the accident. However, different deadlines can apply in some circumstances. A lawyer can explain how much time you must file.

To figure out how much your car accident injury claim is worth, consider several factors – injury severity, negative impact to your life, the amount of available insurance and assets, and your lawyer’s negotiating skills. You can have a solid case for maximum compensation with a pile of hard evidence to back it up, but if your lawyer can’t seal the deal, you could end up with a too-small settlement.

Law.com Premier car accident attorneys demand full compensation and will hammer away at the insurance companies until they make substantial offers. In general, they’re going after two types of damages (financial compensation) for your crash: economic and non-economic.

Economic damages are for things with specific financial value, like hospital bills and missed paychecks. Common examples of economic damages include:

• Medical expenses – Ambulance fees, hospital bills, appointments with specialists, medication, medical devices, physical therapy, surgery, and other necessary accident-related medical costs.
• Lost wages – Income not earned while you are healing or unable to return to work at full capacity.
• Replacement services – Childcare, yard work, cleaning, cooking, and other reasonable services necessary because of the limitations of your injuries.
• Accessibility equipment and modifications – Wheelchairs, ramps, car modifications, walkers, shower railings, and other types of equipment to help you adjust to your post-accident abilities.
• Loss of future earning capacity – If your injuries affect or will affect your ability to work in the future, you deserve compensation.
• Property damage – Crashed vehicle and other personal property damaged in the accident.

Non-economic damages are for things that are hard to put a price on because they have subjective value. Common examples of non-economic damages include:

• Pain and suffering - Mental anguish and emotional distress.
• Loss of quality and enjoyment of life – When an injury steals your comfort and enjoyment of life, you deserve to be compensated.

If the crash was fatal or incapacitating, you may also be entitled to compensation for loss of companionship or guidance.

If you are hit by a negligent driver with little to no insurance and few assets, you can still get compensation by filing a claim for UM or UIM with your insurance provider – but only if you have this coverage. Uninsured and underinsured motorist insurance comes standard in most car insurance policies. Although it is not advised, you can decline this civerage in writing. If you are injured in a hit-and-run accident, you may also be able to file a claim for UM.

Remember: Even though you are dealing with UM and UIM claims through your own insurance company, do not expect to be treated fairly. It is the role of all insurance adjusters to protect the company’s bottom line. They are rewarded for rejecting claims and slashing compensation for even the sickest and most seriously injured accident victims. A Law.com Premier car accident attorney can hammer away at the insurance company until they make you a substantial offer. They know how to get results.

The insurance company has a team of lawyers on their side. Don’t be the only one at the negotiating table without an attorney. Contact a verified car accident attorney in our Indiana directory for a free consultation. At no cost to you, a member of a trusted law firm can answer your crash-related questions, estimate claim value, and help weigh your options for compensation. They are available to hear from you anytime, day or night. Find a Law.com Premier attorney in your area right now.