Why Should I Hire a Local Indiana Car Accident Attorney?
A local Indiana car accident attorney has the specific expertise and community insights that can significantly benefit your case. They are more familiar with local courts, Indiana state laws, and can efficiently negotiate with insurance companies to ensure that you are fairly compensated.
Statute of Limitations for Automobile Accidents in Indiana
Indiana law stipulates that you have two years to file a lawsuit in case of an automobile accident.
Standard of Negligence in Indiana
Indiana follows a modified comparative negligence model. If you are 51% or more at fault, you are barred from recovering damages (I.C. § 34-51-2-5; I.C. § 34-51-2-6).
Is Indiana a Fault or No-Fault State?
Indiana is a fault state. This means that the individual found to be at fault for the accident is responsible for any damages.
Minimum Automobile Insurance Requirements in Indiana
In Indiana, drivers are required to have a minimum of $25,000 in coverage for bodily injury or death to one person, $50,000 for bodily injury or death to two or more people, and $25,000 for property damage in a single accident. Additionally, newly written policies must include uninsured and underinsured motorist coverage, unless the policyholder rejects it in writing.
Insurance Requirements for Rental Cars in Indiana
In Indiana, the renter’s personal auto insurance policy serves as the primary insurance coverage. However, if that personal policy excludes rental cars, then the rental company’s insurance may become primary (Safe Auto Insurance v. Enterprise, 889 N.E.2d 392 (Ind. App. 2008)).
Indiana Accident Guidelines
Information Gathering
While it’s understandable to be shaken after an accident, Indiana law requires that you exchange certain information. This includes names, addresses, registration numbers, and ideally, additional details like driver’s license numbers, phone numbers, and insurance information.
Unattended Vehicles
If you hit an unoccupied vehicle, Indiana law mandates that you attempt to find the owner. If unsuccessful, you are required to leave a note with your contact and vehicle information in a conspicuous location on the damaged vehicle.
Property Damage
If an accident damages someone else’s property (not a vehicle), you are required to find the owner and provide your contact and vehicle information. If the owner cannot be located, law enforcement must be contacted.
Other Legal Requirements and Witnesses
There may be additional requirements under state law, such as completing witness reports. Failing to adhere to these requirements could result in misdemeanor or felony charges.
Determining Liability
Liability will be based on the evidence, Indiana law, and other influencing factors. Sufficient evidence is crucial for proving that another party’s negligence led to the accident and your injuries. This can result in either a settlement offer or a legal battle in court, where a judge or jury will determine liability and compensation.
