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Indianapolis Car Accident FAQ
Along with physical pain and financial trouble, car accidents bring up a whole lot of questions. We’ve answered some of those questions below. Please give us a call if you have any questions about your pursuit of fair compensation after your car accident in Indianapolis.
What if the Accident Was Partially My Fault?
Even if you are partially responsible for your car accident, you should be able to recover compensation through a personal injury claim as long as your fault does not exceed 49 percent. This rule is known as modified comparative negligence. Your awarded compensation will be reduced in proportion to the percentage of blame you hold.
The Other Driver Doesn’t Have Insurance. What Can I Do?
When the other driver does not have auto insurance, we will need to first see if you’ve purchased personal injury protection on your policy. If you have, your insurer will cover some of the damage based on the limitations you’ve paid for. Because Indiana is an at-fault auto insurance state, we may need to sue the other driver directly in order to obtain compensation for your damages.
If I File a Claim, Will We Need to Go to Trial?
You should always be prepared for the possibility of going to court to resolve your case. We are usually able to avoid this by negotiating with the insurance company for a fair settlement. There are cases, however, when the insurer fails to continue negotiating or makes an insultingly low offer. This is when it’s often best to bring your case in front of a judge.
Should I Accept the Settlement Offer the Insurance Company Made?
More often than not, the insurance company will only make a swift offer when it sees the true value of your claim. Insurers hope you’ll settle for less in order to protect their profit margins. If they’ve made you an offer this quickly, you may want to consider the offer with the assistance of your Indianapolis car accident lawyer to ensure you receive the amount you are truly entitled to.
What Does It Mean to Live in a ‘Fault’ State?
In an at-fault auto insurance state, the person responsible for the accident (or his or her insurer) will be responsible for compensating you for your damages.
What’s the Difference Between Economic and Non-Economic Damages?
Economic damages are those that impact you financially. These typically include your lost wages, lost earning potential, the costs of repairing or replacing your damaged vehicle, and any medical costs associated with your injuries. Damages like the loss of enjoyment of life, pain and suffering, emotional distress, disfigurement, and a loss of companionship or love are non-economic damages.
Speak with an Indianapolis Car Accident Lawyer
If you have been the victim of a traumatizing motor vehicle accident and have questions about how to begin the process of pursuing a personal injury claim, contact an Indianapolis car accident lawyer with Kooi Law today. You can schedule a free consultation by giving us a call at (317) 569-1335 or filling out the contact form at the bottom of this page.