Car accidents can be scary and life-altering. In Fort Wayne, car accident victims face a complex legal landscape when seeking damages and compensation. Therefore, understanding the specific laws of the state of Indiana is crucial for the involved parties.
Every step you take following your car accident determines its outcome. While having a good knowledge of car accident laws is preferable, it is not always possible to research when you are in pain and trying to heal. This is where a car accident lawyer Fort Wayne comes in.
A professional has expertise in the field and is someone you can blindly trust throughout the process. While you are looking for a lawyer, read this blog in the meanwhile to learn the basics of the car accident laws in Indiana.
Table of Contents
Understanding the “fault” system in Indiana
In Indiana, a comparative negligence system is followed for car accidents. This means that the party found to be responsible for causing the accident is liable to pay for the damages and injuries of the victim. However, if the victim is also found to be contributing to the accident even by 10%, then their compensation will be reduced accordingly.
If you pursue an accident claim and it is found through investigation that you were more than 50 percent at fault, then you will not be able to recover any amount at all. This is why establishing liability following a car accident in Fort Wayne, Indiana, is important.
Whether your accident was a result of bad weather, bad road conditions, or another reckless one, you must work with an attorney to prove fault. It is the fundamental aspect of a successful accident claim.
Indiana laws on reporting car accidents
According to Indiana Code section 9-26-1-1.1, if a car accident causes injury, death, or damage to unattended property with an unknown owner, drivers must report it right away. If the accident takes place within the municipality, they can report it to the local police. If it occurs outside the municipality, contact the county sheriff’s office or the nearest state police post. Involved parties also have the option to call 911.
Auto insurance requirements in Indiana
Just like every driver must have and carry a driver’s license, it is mandatory in Indiana to carry motor insurance in 2024. Drivers must keep the documents with them while driving and be able to show them to law enforcement officials when necessary. The minimum insurance limits required by the state of Indiana are as follows:
- $25,000/person for injuries
- $50,000/accident for injuries
- $25,000/accident for property damage
If you are leasing or financing a vehicle, the leasing company or lender may require full coverage insurance for the vehicle.
Understanding Indiana car accident statute of limitations
A “statute of limitations” is a deadline by which one must report a car accident and file a legal case. If you do not file within the stipulated time, you may lose your rights to obtain compensation. The deadlines may vary depending on the type of injury or case.
Note that a car accident claim filed in court is different from a car accident insurance claim. There is no fixed deadline for insurance claims. It depends on the insurer.
The Indiana Code section 34-11-2-4 gives accident victims two years to file a case and ask for a civil remedy. Following a car accident with injuries or property damage, anyone involved, including drivers, passengers, motorcyclists, bicyclists, e-scooter riders, and pedestrians, has two years to file a lawsuit against any potentially liable party. The two-year deadline starts from the accident date.
Do not hesitate to file a case!
In most cases, car accident victims fail to file a case within the specific deadline due to their hesitation. Most people do not think they can win a case, or they do not want to go through the hassle.
However, injuries and damages can amount to several thousand dollars and cause huge financial distress to your family. Hire an experienced car accident attorney in Fort Wayne, Indiana, today!
