Anyone who’s been injured in an auto accident in Terre Haute, IN, needs to be aware of Indiana laws that could dramatically reduce any compensation for damages they suffered. Before making any statements to a representative of the insurance company, talk to an experienced accident attorney. One careless statement could prove to be very expensive.
Indiana Law and Personal Injury Claims
Statute of Limitations
A lawsuit must be filed within two years from the date of the accident. Any lawsuit filed after that date will almost certainly never be heard in court.
Comparative Fault
If the injured person is found to be partly at fault for the accident, any damages awarded will be reduced or canceled.
If the Victim is Less Than 50% Responsible: Suppose that the accident victim was speeding, but only by a few miles over the posted speed limit. The other car cut them off with no warning, causing the accident. It might be decided that the victim was 25% at fault for speeding, reducing any damages by 25%. If the total award was $100,000, the victim would only collect $75,000.
If the Victim is More Than 50% Responsible: If the victim’s speeding was considered to be 51% responsible for the accident, for example, the victim would collect nothing.
Obviously, it is entirely in benefit of the insurance companies to be able to prove that the victim was more than 50% responsible for the accident. Assigning blame is often their first line of defense against paying a claim. At best, they will have to pay nothing. If less than 50% blame is proven, they will still not have to pay in full.
Auto Accident “Fault” Laws
Since Indiana is an “at-fault” state, this gives accident victims several options:
* they can simply file a claim with their auto insurance company;
* they can file a claim with the other driver’s insurance company; or
* they can go to court to prove the other driver caused the accident and collect damages.
Threatening to go to court is the best leverage an accident victim has against the power of the insurance company.
Before deciding whether or not to file a lawsuit after an auto accident in Terre Haute, IN, talk to an experienced attorney. The insurance company is already working on the best way to deny or reduce the claim. Contact McGlone Law for a free consultation. They won’t get paid until you are.
