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Is Indiana an “At-Fault” State?

Indiana is an at-fault state. If you have been struck by another car here and the accident was the other driver’s fault, their insurance is liable to pay for all of your damages up until the limits of that insurance policy. Once you’ve reached the at-fault driver’s insurance policy limits, your own insurance company may cover the remaining costs (up to their policy limits) in certain situations. 

Car crashes are potentially life-altering incidents. According to the Insurance Institute for Highway Safety’s Fatality Facts report, there were nearly 800 fatal accidents in Indiana in 2018. That same year, car crashes also caused more than 47,500 injuries in the state. According to Indianapolis car accident lawyer Randall Sevenish, accidents in this state are often caused by negligent acts like reckless or drunk driving, distracted driving, manufacturer’s defects, and poor road conditions.  Drivers who will get arrested for dui charges may need the services of a bail bonds business to help them post bail for their release.

Whether you got in a fender-bender and found yourself on the wrong end of a personal injury lawsuit, or you were tragically involved in a fatal road accident, you need to know what the laws are in your state. You should always be armed with the basic legal knowledge of what your rights are and what kind of outcomes you might be dealing with. Victims of road accidents caused by reckless drivers have the right to seek compensation with the help of a personal injury lawyer. Be sure to hire a personal injury lawyer who knows the ins and outs of local accident laws to increase your chances of getting the compensation you deserve.

When it comes to liabilities, there are two general categories of state law. These will have different outcomes in insurance coverage as well as your settlement. In an at-fault state, the insurance company of the driver responsible for the crash will have to pay the costs for the driver who was hit. This will include damages to the car as well as personal injury to the driver. By contrast, in a no fault state, each driver’s insurance covers their own damages, regardless of which party caused the crash. 

Beyond that, there is also an uninsured/underinsured motorist coverage, which all Indiana drivers are required to have on top of their regular car insurance policy. This is beneficial because in situations when the other driver is at fault and your damages exceed what the driver’s insurance can or will give you, your own insurance coverage through the uninsured/underinsured motorist policy will cover the remainder (again, up to their policy limit).

Because Indiana is an at-fault state, the driver who was at fault is also potentially liable for damages above their policy limits. This means you can bring them to civil court. 

What is the minimum limit for car insurance coverage in Indiana?

All Indiana drivers are required to carry insurance coverage that guarantees a minimum of $25,000 of property damage per accident when the driver is at-fault and $25,000 of personal injury coverage to a person per accident when the driver is at-fault. On top of that, there is a minimum $50,000 limit on total personal injury or accidental death per accident when the driver caused the crash or accident. 

These are just the basic minimums as required by Indiana state law, so it may be the case that the insurance policy of the driver who hit you has a higher limit than this. With that in mind, if you have been involved in a serious accident, it is advisable to contact an Indiana attorney who has experience with car crash cases. They will understand how to represent you when dealing with the insurance company. 

It’s better to have legal representation than to try and deal with the insurance company yourself. With a lawyer who is familiar with civil litigation in the state, they will be able to determine what a fair settlement is. They may even be able to negotiate for a better settlement than you would get if you went in alone. Follow this link to learn more about how to negotiate an insurance settlement for your car.

Beyond the legal benefits to enlisting the help of a qualified attorney, if you’ve been involved in a serious car accident, the best thing you can do is try to recover as quickly as possible. This means following your doctor’s instructions and seeing a therapist if you need it. Having an attorney represent you guarantees that the complexities of post-accident litigations are not your burdens to face alone. 

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