Car Accidents: Answers To Frequently Asked Questions
Car accidents are always unexpected, so it’s natural that you feel shocked and unprepared after a crash. Below, the attorneys of Sarkisian Sarkisian & Associates provide answers to common questions about Indiana car accidents.
Is Indiana an at-fault state?
Yes, Indiana is an at-fault state. The insurance provider of the at-fault driver is required to pay the other party’s bills.
Fault is not “all or nothing.” You may be considered partially responsible for the crash. If that happens, the at-fault driver will only reimburse you for a certain percentage of the total damages.
Do you have to file a police report after a car accident in Indiana?
You are required to file a police report after a car crash if the accident results in:
- Property damage (to anything other than the vehicles)
However, we recommend always filing a police report after a crash. The information documented in the police report will be valuable in a personal injury claim should you choose to take legal action.
Should I file a personal injury claim after my car accident?
Filing a personal injury claim is not the right course of action after every car accident. However, it can be incredibly beneficial in the right circumstances – protecting your physical and financial well-bring.
We recommend scheduling a consultation with an experienced personal injury attorney after your crash. A lawyer can evaluate the facts of your case, determine fault and advise whether filing a claim is in your best interests.
At Sarkisian Sarkisian & Associates, all case-related recommendations are made with your best interests in mind. You will get the same advice that we would give a friend or a family member.
What benefits can I pursue with an Indiana car accident claim?
The exact available benefits will vary depending upon the specifics of your case. You may be eligible to pursue compensation for:
- Medical bills
- Rehabilitation costs
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Disability or disfigurement
- Emotional distress
- Punitive damages*
*Punitive damages are only available in select circumstances. To pursue punitive damages, the other party must have acted recklessly or maliciously.
Can I still file a car accident claim if I was not wearing a seat belt at the time of the crash?
While Indiana law requires all drivers and passengers to wear seat belts, whether you were wearing a seat belt at the time of the crash does not factor into your personal injury claim.
Since 2015, defense attorneys have not been able to have seat belt use factor into comparative fault for the accident. If the other driver is 51% or more at fault for the accident, you may still be eligible for compensation.
I was hit by another car who slid on black ice. Can I still hold them liable for damages?
Regardless of road conditions, Indiana drivers may still be held liable after an accident. Heavy rain, black ice, snow, fog and other poor driving conditions are not absolute defenses for the collision. If you were injured by a driver who hit you in inclement weather, you may be eligible for compensation.
In Indiana, how long do I have to file a personal injury claim after my car crash?
In Indiana, you typically have a two-year window to file a personal injury claim from the date of the accident. There are exceptions to this two-year statute of limitations. For example, If you have a claim against a city, county, or other municipality, you often only have 180 days to file a claim for personal injuries. On the other side of the coin, if you are a minor, you often times have two years from the date of your eighteenth birthday. No matter what the situation, it is important to contact an attorney as soon as possible to ensure the appropriate time is satisfied.
How much will it cost to hire a car accident attorney?
Car accident claims are accepted on a contingency fee basis. If you partner with Sarkisian Sarkisian & Associates to pursue damages after a crash, you will not owe us any attorney fees unless we successfully recovered compensation on your behalf.
Questions? Schedule A Free Consultation.
After any type of motor vehicle accident, it’s important to get all of your questions answered so you can proceed with confidence.