What Sources of Compensation Can Be Pursued After an Indianapolis Car Accident?

Damaged toy red car and a dollar bills. Damage after an auto accidentThe losses suffered in a serious car or truck crash can be extensive. From damage to your vehicle to medical treatments and long-term care, the costs can total hundreds of thousands of dollars. Given that there are limits on how much insurance policies will cover, you should be aware of other possible sources of compensation following a crash that was not your fault.

Primary Sources of Car Accident Compensation

Trust us—no insurance company is going to help you get more than the minimum they think you are owed. Likewise, other potentially liable parties are not going to offer themselves voluntarily. However, an experienced car accident attorney will guide you toward all possible sources of compensation for your unique situation, but the following are all possibilities:

  • The at-fault driver’s insurance policy. If the other driver in your crash is found to be 100 percent at fault in the crash, your first source of compensation will be his insurance policy. Depending on the extent of your injuries, you should be able to get the full value of this policy, but if he is only carrying Indiana’s minimum coverage of $25,000 per person and $50,000 per crash for bodily injury, that will be the most you can get.
  • Other sources from the at-fault driver. If the at-fault driver’s car insurance policy is not enough to cover your losses, an attorney can pursue other sources from him, including his personal assets or any umbrella policies he may be covered under. An employer’s umbrella policy may apply if the at-fault driver was on duty at the time of the crash.
  • Your car insurance. If you have collision insurance, you may need to make a claim for property damage to repair or replace your car. If the at-fault driver was either uninsured or underinsured, you can make a claim against your uninsured motorist coverage. You may also have coverage for out-of-pocket expenses such as towing, replacement rental, and more.
  • Your health insurance. If you have health insurance through your employer or through the Affordable Care Act, your immediate medical care will be covered by that policy. However, if the other driver was at fault, your insurer may have to be reimbursed once you receive your settlement.
  • Others responsible for a drunk driver. If the driver who hit you was drunk, he will be held responsible for the crash. Under Indiana’s dram shop laws, however, you may also be able to hold the person or bar who served the alcohol responsible. This is a difficult case to make and will require the help of an experienced Indianapolis car accident attorney.
  • Other contributors to the auto accident. If a malfunction in your vehicle or the vehicle that hit you contributed to the accident, you may have a product liability claim against the manufacturer. If poor road conditions, inadequate traffic markers or signals, or a dangerous road or intersection design contributed to the crash, you may be able to sue the governmental entity responsible for roads and traffic.

Depending on the details of your case, there may be additional sources of compensation.

James R. Keller
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Partner at Keller & Keller