Whether you’re dealing with a minor fender bender in Indianapolis or a serious accident in a rural area, navigating the aftermath of an accident in Indiana can be difficult. Victims and their families often face medical bills, time off work, and questions about legal rights. Understanding the state’s personal injury laws can help you make better decisions and avoid costly mistakes. Below are answers to some of the most frequently asked questions about accidents in Indiana.
How long do I have to file a personal injury lawsuit in Indiana?
In Indiana, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline is known as the statute of limitations. If you file after the deadline, your case could be dismissed. There are limited exceptions, so it’s important to consult a lawyer early.
What should I do right after a car accident in Indiana?
First, make sure everyone is safe and call 911. Get medical help, take photos of the scene, and exchange insurance information with the other driver. If police respond, ask how you can obtain a copy of the crash report later. It’s also a good idea to speak with a personal injury attorney before talking to the insurance company.
Do I have to report a crash to the police in Indiana?
Yes. Indiana law requires you to report any accident that causes injury, death, or at least $1,000 in property damage. Usually, the responding officer will handle the report at the scene. If the police are not present, you must report the crash to local law enforcement as soon as possible.
Can I still file a claim if I was partially at fault?
Yes. Indiana uses a modified comparative fault rule, which allows you to recover damages if you were less than 51 percent at fault. Your compensation will be reduced based on your percentage of fault. If you are found to be 51 percent or more responsible, you cannot collect damages.
What types of compensation can I recover in Indiana?
You may be eligible to recover compensation for medical bills, lost wages, property damage, and pain and suffering. If your injuries are permanent, you may also receive damages for long-term care and reduced quality of life. Each case is unique, so your total compensation will depend on your injuries and the circumstances of the accident.
How do I obtain a crash report in Indiana?
You can request a crash report from the Indiana State Police online through the BuyCrash website at https://buycrash.lexisnexisrisk.com. You’ll need the report number or details like the date and location of the crash. Local police departments may also provide reports, especially if they handled the scene.
What if a family member dies in an accident?
In Indiana, close family members may file a wrongful death lawsuit if their loved one is killed in an accident caused by negligence. This can include damages for funeral costs, lost income, and emotional pain. The claim must usually be filed within two years of the person’s death. It’s wise to seek legal guidance to understand your rights.
What if the at-fault driver is uninsured?
If the driver who caused the crash has no insurance, your own uninsured motorist coverage may help pay for your medical bills and other expenses. This coverage is optional in Indiana, but many policies include it. You may also be able to sue the driver directly, although collecting compensation can be challenging if they lack assets.
Are there support programs for accident victims in Indiana?
Yes. Victims may qualify for public assistance programs like Medicaid, SNAP, or the Temporary Assistance for Needy Families (TANF) program. If the injury resulted from a criminal act, the Indiana Violent Crime Victim Compensation Fund may help with medical bills or counseling. These resources can provide relief during recovery.
Should I accept a settlement from the insurance company?
Be cautious when accepting a first offer from the insurance company. These offers are often lower than what your claim is worth. Once you accept, you typically give up your right to ask for more later. A personal injury attorney can help you determine whether the offer is fair.
Can I sue a government agency in Indiana?
Yes, but government-related claims have special rules. You must file a notice of claim within 180 days of the incident if you’re suing a city or county, or 270 days if the state is involved. Failing to meet these deadlines can prevent your lawsuit from moving forward. These cases also have liability limits, so it’s important to consult an attorney early.
What should I do if I was hurt at work?
If you’re injured on the job, you may qualify for workers’ compensation. This program helps cover medical treatment and partial wage replacement. You must notify your employer right away and follow the steps for filing a claim. If a third party was responsible for the accident, you might also have a separate personal injury case.
How long do injury cases take to settle in Indiana?
The timeline depends on the complexity of the case. Minor claims may settle in a few months, while serious injury cases can take a year or more. If a case goes to trial, it can take even longer. Your attorney can give you a realistic estimate based on your situation.
Do I need a lawyer to file a personal injury claim in Indiana?
You’re not required to have a lawyer, but hiring one often leads to a better outcome. A lawyer can gather evidence, handle negotiations, and ensure all deadlines are met. Most personal injury attorneys in Indiana work on a contingency fee basis, so you don’t pay unless they recover money for you.