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Indianapolis Accident Claim Questions, Answered

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How long do I have to file an injury claim in Indiana?

Usually two years from the date of the injury (IC 34-11-2-4). Claims against a government unit have much shorter notice deadlines: generally 180 days for a city, county or other local unit and 270 days for the state (IC 34-13-3-8 and IC 34-13-3-6). An IndyGo bus, a city truck or a pothole can trigger those rules. Don't wait until the last month.

What if the crash was partly my fault?

Indiana uses modified comparative fault (IC 34-51-2). If you are found more than half at fault, you generally recover nothing from the others. At half or less, your recovery is reduced by your percentage. That is why the other side's adjuster may ask questions aimed at shifting blame to you.

Do I have to give the other driver's insurer a recorded statement?

No. You have no policy with them. You can report the claim without agreeing to a recorded interview. See dealing with insurance companies.

Who pays my medical bills while the claim is open?

Usually your own health insurance and any medical payments (MedPay) coverage on your auto policy. The at-fault driver's insurer generally doesn't pay as you go. You remain responsible for your medical bills no matter how a claim turns out, so keep every bill and statement.

The other driver had no insurance. What now?

Look at your own policy for uninsured (UM) and underinsured (UIM) motorist coverage. Indiana insurers must offer it, but it can be turned down in writing (IC 27-7-5-2).

How do I get my crash report in Indianapolis?

For an IMPD report, see our step-by-step IMPD crash report guide. Reports from the Indiana State Police and other agencies are also available through the state's online system.

What does it cost to hire you?

See our fees. The terms for your case are put in a written agreement before any work starts.

How long will my case take?

Mostly it depends on how long your medical treatment lasts and how the insurer responds. A firm timeline on day one would be a guess.

Will my case end up in court?

Many injury claims resolve without a trial, but some don't. We'll talk with you about that as the case develops. No lawyer can promise how a case will turn out.

Can I handle a claim myself?

For some minor claims, yes. Call and we'll tell you honestly whether you need a lawyer.

Call (317) 780-8000. Related: Wrongful death claims · What to do after a crash

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