Getting injured in a car accident is a painful and emotionally devastating experience. Medical treatments can be expensive, and you will need insurance to help cover your costs. Both liability and personal injury insurance can help after an accident. It is helpful to understand the automobile insurance laws in Indiana before filing an insurance claim.
Indiana Is a Tort State
Indiana is known as a tort or “fault” state for auto insurance. This means that a person who causes an accident is responsible for paying the associated bills. In many cases, more than one person is responsible for an accident.
Like most states in the country Indiana follows a modified comparative fault law for car accidents. If a driver is more than 51% responsible for an accident, they cannot file an insurance claim against the other driver’s insurance.
Uninsured Drivers
The Hoosier State does not require drivers to carry personal injury protection insurance. However, it is always a good idea. It will cover you if an uninsured driver causes a collision. Your health insurance will also pay some of your bills after an accident.
You can also discuss the possibility of suing the other driver with an attorney. Uninsured drivers often cannot afford a liability policy. Therefore, it may not be worth it to sue them.
Wrongful Death Laws Indiana
If you have lost a loved one to an accident that was the fault of another person or company, you may wonder about filing a lawsuit against the responsible party. A wrongful death lawsuit can only be filed by a personal representative in Indiana.
The decedent’s will should name an executor of their estate. This person will handle paperwork related to the distribution of their assets. That person will normally serve as the personal representative in a wrongful death lawsuit. The court will appoint an executor if no will exists.
You have two years from the date of death to file a lawsuit. There are very few exceptions to this rule.
Documentation to Give an Insurance Company
An insurance company will request certain documentation when you file a claim. They will need:
- The accident report
- Photographs from the scene of the crash
- Names of witnesses
- Security video from stores in the area
- Medical reports
- Medical bills
- A letter from your employer stating the wages you have lost as a result of your accident
- Receipts from other accident-related expenses.
Why You Need an Attorney
When you turn in your documentation, an insurance adjuster will investigate your claim. If they approve the claim, they will make a settlement offer. You should always consult with an attorney to make sure that the offer is fair.
If an insurance company’s settlement is unfair, an attorney can negotiate with them. They can also represent you in court if a lawsuit is necessary. There is a two-year statute of limitations on personal injury lawsuits in Indiana.
A car accident is one of the worst things a person can experience. Knowing the laws will help get you the money you deserve.
