Filing a Car Accident Insurance Claim in Fort Wayne, Indiana: What You Should Know
Car accidents can be traumatic and dealing with insurance providers as you try to heal can be overwhelming. But, the actions you take after an accident can help you get fair compensation, especially when you hire an experienced Fort Wayne Car Accident Lawyer. Your attorney will assist you in navigating the insurance claim process. Here’s what you must know when filing an insurance claim after a car accident:
Importance of Proper Documentation
Within the first 24 hours after a car accident, you must document what happened before and during the accident. Also, you must exchange insurance details with the other party and collect contact details from witnesses. If possible, take photos from the scene as these can help insurance companies understand what took place.
Moreover, you must seek immediate medical attention. Keep in mind that some injuries take time to exhibit symptoms; however, it can be hard to claim damages for injuries you don’t document immediately. Even if damages seem minor, contact the police for a report. If you fail to do so, the insurance companies will try to hold it against you.
Understanding Comparative Negligence
Indiana uses the modified comparative fault negligence system. This means that the contribution of every party to an accident will factor into the amount of damages you can recover. However, if your percentage of fault passes a particular threshold, you can be barred from recovery. The negligence system is also called a 51% fault system. Thus, you can be eligible to pursue a personal injury claim if you are less than 51% at fault for the accident. But, even if you were partly to blame for the accident, you may still be eligible to see compensation for injuries. This compensation will be reduced proportionately by your percentage of responsibility for the car accident.
Statute of Limitations
In Indiana, the statute of limitations on personal injury or car accident cases is two years from the date of the accident, but some exceptions may apply. Thus, you must start the claims process as soon as possible to make sure that if a lawsuit is needed, you will have a lot of time to file it.