In Indiana auto accident cases, injury victims generally have 2 years from the date of the accident to file a claim. There are several exceptions to this rule such as in cases against governmental entities which require tort claim notices to be sent shortly after the accident. Because every case is different and may involve different laws, it is advisable to talk to an attorney as soon as possible to ensure your rights are protected.
If you are involved in a car accident, it is important to notify your insurance company. In fact, most insurance policies require you to notify them immediately after an accident. When speaking with your insurance company, you should provide them with the basic information. While your own company is likely entitled to take a statement from you, it is recommended that you advise the insurance company that you would like to contact an attorney before giving any formal statements related to the incident.
While you are entitled to represent yourself, it is not recommend to pursue a claim without an attorney. Claims adjusters for insurance companies are trained to negotiate settlements in the best interest of the insurance company, not you. Furthermore, accident laws require you to meet specific deadlines in order to pursue your case. In order to insure that you will be treated fairly, meet all deadlines and obtain the maximum recovery you are entitled to, it is wise to hire an attorney.
Most car insurance policies have a medical payments provision. This is essentially a health insurance policy on your automobile which will pay your medical bills up to the policy limits of the coverage without any deductibles or co-pays. This coverage applies no matter who was at fault. However, if another driver was at fault for your accident and you pursue a claim for injuries against the other driver or his insurance carrier, your insurance company would likely be entitled to ask for repayment of any bills it paid under the medical payment coverage from your settlement with the other driver.
