The Car Accident Settlement Process in Indiana

car accident settlement process

What you’ll learn from this article:

  • An Indiana car accident lawyer guides you through the car accident settlement process.
  • To secure high-value compensation, you’ll need to establish the other party’s fault and gather ample evidence to back up your claims.
  • Your car accident settlement agreement should reflect the full and fair value of your losses in the crash.

Did you know you can collect compensation for a car accident without setting foot in court? Most car accident claims end in negotiated agreements between the parties.

With the right legal support, you can secure valuable compensation for your injuries, car damage, lost wages, and other losses. Here’s what you need to know about how the car accident settlement process usually works in Indiana.

How Do I Start the Car Accident Settlement Process?

Begin the car accident settlement process by speaking to an Indiana car accident lawyer about the details of your accident and your compensation options. Share what’s happened to you since the accident and how your injuries are impacting your day-to-day life. Bring your medical bills and other paperwork including the police report if you have it.

While a lawyer is not required for making an Indiana car accident claim, you could regret not hiring a lawyer later. As an injured person, the burden is on you to collect damages and you only have one chance at securing payment through legal means. The statute of limitations, or legal time period, is capped at 2 years from the date of the accident. 

Your lawyer can help you understand your rights and avoid common mistakes in pursuing car accident compensation. Proving your case will involve establishing fault and gathering plenty of strong evidence. 

Indiana is an at-fault insurance state and uses the comparative fault rule in auto accident cases. You don’t have to be completely blameless for what happened. As long as you hold less than 51% of the fault for the accident, you have a good chance of securing compensation.

What is a Car Accident Settlement Agreement?

Most car accident cases resolve through mutual agreements rather than court battles. Across the nation, up to 96% of personal injury cases end in settlements.

A settlement is a legal agreement between you, as the victim, and the negligent party or their insurance company. The other party will be asked to pay you an established level of compensation after negotiating an agreement that is acceptable to both sides. Insurance companies usually pay some or all of the costs, although negotiating an agreement with them may take some patient back-and-forth discussion and they may require you to share many types of evidence to support your story.

Within the documentation, the car damage settlement agreement portion addresses the loss to your vehicle. There will also be a portion that involves your medical bills and necessary treatment due to your injuries. You may be able to claim the costs of your ongoing therapy, in-home nursing care, out-of-pocket medical costs, or over-the-counter purchases.

Work with your attorney to ensure you negotiate a fair agreement to settle your car accident case. As applicable, incorporate the full value of your pain and suffering, which can be significant in a case with severe injuries. You may also have lost wages due to missing work and lost earning power due to your continued disability since the accident. Every case is unique and involves its own mix of factors.

Broadly speaking, your case will progress through the following stages:

  • Demand letter: You and your attorney create a demand letter outlining the compensation you’re requesting.
  • Lawsuit: This is the official start of your case and notifies the other side that you have retained counsel.
  • Discovery: This phase lays out the legal case and sheds light on the evidence. You may need to give a deposition and respond to inquiries with your lawyer’s help.
  • Negotiations: In this phase, you and your lawyer negotiate with the other party and their insurance company to attempt to resolve the case without going to court.
  • Trial: If a settlement agreement isn’t possible, the case goes to trial. 

Insurance companies tend to prefer settlement agreements because they can settle legal and financial matters quickly without necessarily making the details public. Car accident settlement agreements typically save time and money for both sides. 

Poynter & Bucheri Accident Recovery – Indianapolis Accident Attorneys

You may be entitled to a high-value settlement for your medical bills, lost wages, pain and suffering, and other damages. Beware of following advice on the internet or using a sample settlement letter for a car accident that you found online. The laws and documentation will vary from state to state and you deserve individualized legal support from a car accident lawyer in your area.

Contact Poynter & Bucheri Accident Recovery in Indiana at 1-800-265-9881 for a free car accident case review. Don’t hesitate. One of our attorneys can assist you right away.