If you sustain injuries in a car accident in Indiana, you may wish to file a car accident claim to recover compensation for damages. Though you should exercise your right to do so, you should brush up on the car accident settlement process in the Hosier State. FindLaw explains a bit about what to expect during the car accident claims process.
For starters, you should know that Indiana is a modified comparative negligence state, meaning you can only recover damages if you are less than 51% at fault for the accident. If you believe the other party shares a majority of the blame, you can file an accident claim with either your own insurance company or the at-fault party’s insurance company. The adjuster will then review evidence to assess fault and either offer you a settlement or deny your claim. If you believe that the company offered you an unfair settlement or wrongfully denied your claim, your next step would be to file a complaint with the Indiana Department of Insurance.
If you file a complaint, you and your attorney (if applicable) will continue negotiating a better offer with the insurance company. If the insurance company refuses to budge on its decision, you may have to go to court to fight for fair compensation.
If you must file a lawsuit, know that you have two years from the date of the incident to do so. However, the statute of limitations is much shorter for claims against the state, county or city. If you wish to sue the state of Indiana, you have 270 days to file. If you want to sue the city or county in which the accident took place, you have 180 days to file the complaint. If you fail to file your suit within the statute of limitations, you forfeit your right to compensation.
Whether you settle your claim in or out of court, you stand to recover both economic and noneconomic damages. Those include lost wages, medical expenses, car repair costs and missed work. Noneconomic injuries include pain and suffering, loss of consortium and mental anguish.
You should not use this article as legal advice. It is for educational purposes only.