A car accident is a disruptive event that can leave you confused about how to proceed. Understanding the rules about filing a car accident claim in Merrillville can help. However, it is recommended that you engage a lawyer to best present your claim and negotiate a settlement.
The attorneys at The Law Offices of David W. Holub provide skilled representation to people injured in vehicle crashes. They could help you gather evidence, identify responsible parties, file an insurance claim, and negotiate a settlement that provides appropriate compensation for your injuries.
Preserving a Claim After a Crash
Like most states, Indiana uses a fault-based system to manage vehicle accident claims. All drivers must have insurance to register a vehicle. When there is an accident, the insurance company for the at-fault driver pays the losses of those injured in the crash.
After a crash, it is critical for anyone involved to get medical attention as quickly as possible. Trauma-related injuries may not produce symptoms for a few hours or even days, but an immediate medical evaluation can often discover hidden injuries and prevent aggravating the injuries. Additionally, a medical record generated soon after the accident is essential evidence to support an insurance claim.
Because fault determines which insurance company pays, anyone involved in an accident should avoid statements that might indicate responsibility. People often apologize out of courtesy or concern, even when their actions did not cause the accident. An insurance company could then twist their words to mean that they were taking responsibility for the crash and use the statement against them.
Avoid Making Statements to Insurance Companies
Insurance companies often contact an injured person after a crash. The representative may sound friendly or concerned, but they are trying to find information to justify denying or limiting a claim. Injured people should avoid speaking with insurance company representatives until they have contacted a Merrillville lawyer.
A seasoned accident attorney could discuss the crash with an injured person and help them fine-tune their answers to the insurer’s likely questions. Lawyers could even be on the line during the call to object to any improper questioning and to help ensure an injured person does not make any remarks that might weaken their claim.
Submit a Claim to the At-Fault Driver’s Insurer
The next step in the process is to submit a claim to the at-fault driver’s insurer. When an injured person has engaged a Merrillville attorney to file their car accident claim, the legal professional might send a demand letter. This is a persuasive document that lists the injured person’s losses and demands that the insurance company compensate them.
The claim submission or demand letter typically triggers negotiations. The at-fault driver’s insurance company will request proof of the injured person’s losses, such as medical records, health insurance Explanation of Benefits statements, employment records, and similar documentation.
Sometimes, the insurance company denies that their insured caused the crash or claims the injured person is primarily responsible. Indiana Code § 34-51-2-6 allows an insurance company to avoid paying compensation when an injured person bears a greater percentage of the blame for an accident. A legal professional could anticipate these arguments and present proof demonstrating the other driver’s fault was the primary cause of the crash.
Ensuring an Injured Person Obtains Appropriate Compensation
Insurance companies only cover losses up to an at-fault driver’s coverage limits, which could be as low as $25,000. Minimum coverage will likely be insufficient to cover the losses of someone with serious injuries.
Underinsured motorist coverage could cover losses exceeding the at-fault driver’s coverage. Indiana insurers must offer this coverage with all vehicle insurance policies, and drivers who do not want the additional protection must decline it in writing.
A Merrillville accident attorney could investigate to find additional sources of insurance coverage. Depending on the circumstances, other drivers, vehicle manufacturers, drivers’ employers, and local governments could have partial responsibility for the crash. Negotiating with multiple insurance companies often results in a more generous settlement for the injured person.
Consult a Merrillville Attorney Before Filing a Car Accident Claim
Some people believe they are better off filing a car accident claim in Merrillville without legal assistance. Doing so is unwise. The insurance company representing the at-fault driver has lawyers working to minimize the amount the company pays out for claims. An attorney could work to ensure you receive what you deserve.
Contact The Law Offices of David W. Holub when you are injured in a vehicle accident. They can help you navigate the claims process from start to finish and ensure you receive appropriate compensation. Get in touch today.