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What happens after a car accident?

| Feb 4, 2021 | Car Accidents

Getting into a car accident can take an instant, but the aftershocks in the form of bodily injury or property damage can be long lasting. For Indiana drivers, it is essential to know what to do after an accident and the laws that are in place that govern the actions of the individuals involved.

Under Indiana state law, after any accident involving damages to a vehicle, all drivers involved must stop to exchange information, including driver’s license and insurance. If the accident resulted in injury, death or property damage of over $1,000, all parties must report the accident to the nearest police department within 10 days of the accident, as well as provide reasonable aid to the injured at the scene.

Finding who’s at fault

Assessing liability will depend on the results of the police report, the statements of the parties involved and eyewitness accounts or evidence gathered. If the accident was due to the negligence, reckless or inattentive behavior of one of the drivers, Indiana follows the doctrine of modified comparative negligence in assessing fault.

Called the 51% Rule, it bars anyone who shares more than half the blame for causing the accident from recovering compensation for injury or loss. If they are 50% or less at fault for causing the accident, they may receive damages according to that percentage of fault.

Because proving fault can be complicated, it is important to have experienced legal representation to assess your case and determine the best route of getting fair compensation for your injuries.

Indiana car insurance laws

In Indiana, car owners are required by law to have car insurance that covers bodily injury and property damage, including required minimums of 25/50/10. Minimum liability coverage on car insurance policies include:

  • Bodily injury liability minimum of $25,000 per person and $50,000 per accident
  • Property damage liability minimum of $25,000 per accident
  • Uninsured motorist property damage minimum of $25,000, with bodily damage minimums of $25,000 per person and $50,000 per accident
  • Underinsured motorist bodily insurance minimums of $50,000 per person and $50,000 per accident

The insurance agent must also file a certificate of Compliance acknowledging the policy owner’s financial responsibility with the Indiana Bureau of Motor Vehicles following a traffic accident.

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