Dealing with auto accidents in Indiana can be a stressful experience. It is hard to know what to do and who to trust when the time comes to call your insurance company to file a claim or report an accident. An added complication to most auto accidents is the personal injury lawsuits that often take place when an individual attempts to recover damages that an auto insurance company is not willing to pay.
Knowing how to handle an auto accident in Indiana will help you get through the first part of a difficult situation. Auto accident law in Indiana encourages all parties involved in an auto accident to take steps to preserve information so that a resolution can be reached quickly. Indiana law requires that a person suing for damages that were caused by an auto accident prove that the other party was negligent and their negligence helped cause the accident. Even if the person suing was partly to blame for the accident the laws in Indiana will still allow them to sue and be awarded damages.
The first thing that anyone in an auto accident should do is write down all information about the accident. Overtime it is easy to forget important details so writing everything down as soon as possible will help keep the facts straight. Things that should be recorded include the time and date of the accident, who was involved (names, numbers, drivers license numbers), the weather, insurance information, the police officers that responded to the accident, passengers in the vehicle, and anything else that seems relevant. Take pictures of the accident scene and seek medical attention immediately.
There are many people who want to talk to the insurance company representing the defendant as soon as possible. This is done in an effort to reach a fast settlement agreement and possibly avoid a lawsuit altogether. Before doing this a person must remember that the insurance company will be looking for ways to avoid paying anything and will attempt to use statements and agreements against the individual looking for a settlement in the future. Unless you have experience dealing with insurance company representatives talk to an attorney first and see if they will represent you and your interests.
To avoid individuals waiting years before filing suit the auto accident law in Indiana lets individuals wait only two years to file a lawsuit. The state considers this time period long enough to recover from major injuries physical and emotional before going to court. If you are engaged in settlement activities with the insurance company keep this time limit in mind. Some insurance companies will try to drag things out until the window for lawsuits has passed and you are forced to take whatever settlement they offer.