An accident is defined as an event which happens without warning and without deliberate or apparent cause. A car accident, however, will have an apparent cause and finding what that is will be the job of your car crash lawyer in Indianapolis. This could be any number of things including negligence, avoiding hitting a pedestrian or animal or DUI of drink or drugs. Whatever that cause may be your lawyer will go through the case meticulously to ensure the cause is proven and, when multiple vehicles are involved, which driver is liable.
Not Always Straightforward
If the driver at fault holds up his hands and discloses what caused the accident, and this ties in with witness statements then it’s a very straightforward case to find that driver liable and proceed with the case accordingly. However, this is often not the case. If a driver has been, for example, using their cellphone or fiddling with their radio and their lack of attention results in them smashing into your car are they going to admit to this? Some honest drivers will but many will panic and make up all sorts of excuses as to why they hit you.
If the accident has happened in the city there will invariably be witnesses, and their statements will be compared with the drivers claims. Tire tracks and other factors will be compiled in the police report and these will also be compared. If, however, the accident has occurred on a quiet road and there is nobody else around other factors come into play. First up is the severity of the accident. If your car has been hit but you are uninjured and your car still roadworthy you can simply exchange details and report the incident to the police within 10 days. Should the impact be more serious however, and one of both of you have suffered injuries, proving cause can be a lot more difficult and your personal injury lawyer will guide you through this process.
Filing Your Insurance Claim
You must have insurance to drive a car in Indiana. If you are unfortunate enough to be involved in a car accident in this state you will more than likely be dealing with an insurance company. This is due to Indiana being a “fault” state when it comes to insurance. This means that if you believe that another party involved in your accident is more than 50% to blame you can choose to either file a claim with your own insurance company or theirs. Once you have made your claim, an adjuster will use all the evidence he has at his disposal to determine whose fault the accident was.
Once this has been determined the insurance company will do one of two things; deny the claim or offer a settlement based on the policy limits and the damage evidence. Should the insurance company deny your claim and you feel this is wrong to can either appeal their decision or file an official complaint with the Indiana Department of Insurance. Once again, your lawyer will help you through this process and give you all the help and advice you need to reach an acceptable conclusion.