If you were involved in an Indiana car crash that was not your fault, you might be entitled to file a claim with the insurance company for the driver who caused the crash. If the insurance company does not cooperate, your next move may be to file a lawsuit to get a court to award you the compensation you deserve.
However, our Indianapolis auto accident attorney advises, that not every car accident claim will be equally successful. There are a few factors that can strengthen your argument that you deserve to be awarded the full value of the at-fault driver’s insurance policy. We take a look at the factors that are common among most successful car accident insurance claims and lawsuits.
What You Will Need to Ensure Full Compensation Following an Indiana Car Crash
While there are no guarantees that you will be fully compensated for all of your losses when you are injured by another driver’s negligence, these factors will help:
- The police report places fault on the other driver. If the other driver is issued a ticket for speeding, reckless or distracted driving, or driving under the influence, that will show the insurance adjuster or judge that there is no question that he or she is to blame for causing the accident.
- You have injuries that required medical treatment. Compensation awarded in car accident claims is intended to make up for the losses you have suffered, especially the cost of medical treatment. If your injuries were serious enough to require ER care, surgery, rehabilitation, or ongoing medical treatment, your claim for damages would be very convincing.
- There is a witness who supports your version of the accident. Car accidents often come down to two people giving different versions of the same event. If you have a corroborating witness, it will be hard for a judge or insurance company to deny your assertion that the other driver caused the crash.
- There is an insurance policy to pursue. You can’t get blood from a stone, as they say. If the driver who caused the crash does not have insurance—or has the state’s minimum coverage—you will be limited in what you can recover. On the other hand, if a commercial truck driver or other heavily insured driver caused the crash, you will have access to a much larger settlement.
- You lost wages as a result of the accident. If you are unable to work as a result of the injuries you sustained in a crash, this if further proof of the seriousness of the accident and your legitimate need for compensation. In a successful personal injury claim, you can be reimbursed for vacation or sick time you were forced to take, and for wages, you were unable to earn while you recovered from your injuries.
- The car you were riding in suffered visible damage. A picture is worth a thousand words, and an insurance adjuster, judge, or jury will likely be influenced by images showing your car with significant damage. A crushed roof, shattered windshield, and evidence of the Jaws of Life having been used are all very convincing images.
- You can document pain and suffering as a result of the accident. If you can show that your family relationships have suffered, you have been affected emotionally, and you have endured great physical pain because of the accident, your pain and suffering damages could add significantly to your settlement total.
- You have access to an AV-rated lawyer. The above key pieces of evidence are used to the greatest effect by an experienced and skilled Indiana personal injury attorney. He or she will be able to locate or demonstrate the evidence to an adjuster, judge, or jury in the most effective way.