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Car accidents can be traumatic events that result in catastrophic injuries, property damage, and financial losses. If you’re involved in a car accident that wasn’t your fault, you may assume that the responsible party’s insurance company will take care of everything. However, that’s not always the case, and in some situations, it’s essential to hire a lawyer to protect your rights and ensure you receive the compensation you deserve.
Today, we’ll discuss several common scenarios where hiring a car accident lawyer may be necessary, even if you’re not at fault for the accident.
These scenarios include cases where the accident resulted in significant injuries and costly vehicle damage, disputes over fault, issues with insurance companies, and complicated fault rules in Indiana.
You suffered from economic and non-economic losses
If you or anyone else involved in the car accident suffered serious injuries or significant property damage, it’s crucial to consider hiring a personal injury lawyer, regardless of who seems to be at fault for the crash.
When there’s a possibility that a person or an insurance company may be liable for a substantial amount of money, it’s essential to protect your rights and ensure you receive fair compensation to recover from your damages.
If you try to file a claim with the at-fault driver’s insurance company (also known as a “third-party claim”) to cover all your losses, there’s a chance that the insurance company may dispute liability or deny the extent of your losses. They may also try to blame you for the accident, even if they know they’re responsible, and a car accident lawyer can help protect your interests and ensure you receive fair compensation.
Issues with Insurance Companies
Dealing with insurance companies can be challenging, even when you’re not at fault for the accident. This happens because insurance companies are profit-oriented businesses that aim to minimize their payouts and protect their bottom line. As a result, you may encounter challenges when trying to obtain fair compensation for your losses, even if liability seems clear-cut.
They may employ various tactics to minimize their liability or deny your claim altogether, dispute the extent of your injuries or property damage, downplay evidence that you were not at fault for the accident, or make lowball settlement offers that don’t adequately cover your losses.
In such situations, a personal injury lawyer in Indiana can negotiate with insurance companies on your behalf, gather evidence to support your claim, and ensure that your rights are protected. They can also advise you on the fairness of settlement offers and help you make informed decisions about your case.
Disputes Over Fault
While you may believe that the other driver is clearly at fault for the accident, disputes over fault can still arise. The other driver or their insurance company may contest liability, and in some cases, this may result in an ongoing investigation or even litigation (filing a lawsuit in court).
If the other driver or their insurance company is disputing the fault, finding legal help is definitely the best option.
A lawyer can gather evidence, interview witnesses, and build a strong case to prove liability. They can also represent your interests in court, if necessary, and help you navigate the legal process to ensure the best possible outcome for your case.
Complicated Fault Rules in Your State
The fault rules in your state can also impact your car accident claim. Some states like Indiana follow “comparative fault”, and this means that if a plaintiff is found to have some fault for the accident, they may be barred from recovering damages or their recovery may be limited.
Navigating these rules and understanding how they apply to your case can be complex and challenging, requiring legal expertise to file a personal injury claim. For example, knowing how long you have to file a claim – let’s explore the statute of limitations below.
Time Limitations and Legal Deadlines
Car accident claims are subject to strict time limitations and legal deadlines, known as the statute of limitations. These laws vary by state and dictate the time within which you must file your claim or risk losing your right to seek compensation. If the person who was at fault for causing the accident was working as a governmental employee, tort claims notice deadlines may apply, as well.
Navigating these time limitations can be complicated, especially if you are dealing with injuries, medical treatments, and other post-accident challenges. A team of lawyers can help you understand the applicable statutes of limitations and ensure that your claim is filed within the required timeframe to protect your legal rights.
Litigation and Court Proceedings
While most car accident claims in Indiana are resolved through settlement negotiations with insurance companies, some cases may require litigation and court proceedings. This can happen when liability is disputed, damages are extensive, or insurance companies are not willing to offer a fair settlement.
Litigation can be complex and time-consuming, involving legal procedures, deadlines, and courtroom appearances.
Navigating the legal system without proper legal representation can be overwhelming and risky, but a personal injury attorney can represent your interests in court, present your case effectively, and maximize your compensation.
So if you have been involved in a car accident that was not your fault, it is wise to consult with a car accident lawyer at Christie Farrell Lee & Bell to understand your legal options and protect your interests.
Request a free consultation today and get the compensation you deserve.
Frequently Asked Questions About car accidents in Indiana
What happens if you have no insurance but the other driver was at fault in Indiana state?
If you are involved in a car accident in Indiana and the other driver is determined to be at fault, but you do not have insurance, you may face legal consequences. According to Indiana Code Section 9-25-4-12, failing to maintain the required liability insurance coverage can result in the suspension of your driving privileges, and you may be personally liable for damages resulting from the accident.
This means that you may be responsible for paying for your own injuries and damages, as well as those of the other party, out of your own pocket.
Is Indiana a no-fault car insurance state?
No, Indiana is not a no-fault car insurance state. Indiana follows a “fault-based” insurance system, as stated in Indiana Code Section 9-25-4-5.
This means that the driver who is determined to be at fault in an accident is responsible for compensating the other party for their injuries and damages. Therefore, If you are involved in a car accident in Indiana and the other driver is found to be at fault, you can pursue a claim against their insurance or seek compensation directly from the at-fault driver for your injuries and damages.
However, if you do not have insurance, you may face legal consequences as mentioned above. It’s important to comply with insurance requirements and seek legal advice from a qualified attorney for accurate and up-to-date information on local laws regarding car accidents and insurance.