The steps you take immediately after a car accident can have a significant impact on your ability to recover compensation. Here is what Indiana law requires and what you should know to protect yourself.
Car accidents are one of the most common causes of personal injury in Indiana. Whether the collision involves two vehicles on an Indianapolis highway or a single-car accident on a rural county road, the actions you take in the minutes, hours, and days following the crash can significantly affect your legal rights and your ability to recover compensation for your injuries.
Indiana law requires drivers involved in an accident that results in injury, death, or property damage to stop at the scene and exchange information with the other parties involved. Under Indiana Code § 9-26-1-1.1, leaving the scene of an accident that involves bodily injury or death is a criminal offense. Once you have stopped and ensured that everyone is safe, call 911 to report the accident and request medical assistance if anyone is injured. A police report is one of the most important pieces of evidence in any personal injury claim, so it is important that law enforcement responds to the scene.
Even if you do not believe you were seriously injured, you should seek medical attention as soon as possible. Some injuries, such as soft tissue damage, concussions, and internal bleeding, may not produce symptoms immediately. A prompt medical evaluation creates a documented record connecting your injuries to the accident, which is essential if you later pursue a personal injury claim. Delaying medical treatment can give the insurance company grounds to argue that your injuries were not caused by the accident or were not as serious as you claim.
While still at the scene, document as much as you can. Take photographs of the vehicles, the surrounding area, traffic signs, road conditions, and any visible injuries. Collect the names and contact information of any witnesses. Exchange insurance information and contact details with the other driver, but avoid discussing fault or apologizing for the accident. Statements made at the scene can be used against you later in settlement negotiations or at trial.
After the accident, report the collision to your own insurance company as required by your policy. Be cautious in your communications with the other driver’s insurance. Insurance adjusters are trained to gather information that can be used to minimize or deny your claim. You are not required to provide a recorded statement to the other driver’s insurer, and it is generally advisable to consult with an attorney before doing so.
If you have been involved in a car accident in Indiana, the personal injury attorneys at McNeelyLaw can guide you through the claims process and help you pursue the compensation you deserve. Contact us today for a case evaluation.
This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.
