Imagine you are driving near Anderson, IN, on the I-69 corridor and are rear-ended by a distracted driver, or traveling on SR 9 when you are t-boned by a car that runs through a red light. No one ever wants to believe they will be injured in a car accident. But unfortunately, they happen daily in Madison County, which can leave victims dealing with severe injuries and property damage.
No matter where or how a car accident occurs, failing to follow the proper steps could result in the insurance company trying to challenge or deny you compensation. The following guide serves as a checklist for navigating a car accident and making informed decisions about medical care and potential legal claims.
Step 1: Check for Injuries, Call 911, and File a Police Report
If you are involved in a car crash, there are specific steps that you must follow to protect yourself, including:
- Immediately check yourself and any passenger for injuries.
- If possible, move vehicles out of oncoming traffic and safely off the road.
- If there are serious injuries, do not attempt to move accident victims. Contact 911 immediately to report the injuries and request emergency medical responders.
For incidents that do not involve heavy vehicle damage or injuries, you can also call the Anderson police’s non-emergency number, (765) 648-6775, to report the accident.
Indiana’s Reporting Requirements
You should also be aware of Indiana’s strict reporting requirements, as outlined in IC 9-26-1-1, which require drivers to immediately report any accident that involves injury, death, or property damage exceeding $1,000.
Depending on the location, either the Anderson Police Department or the Madison County Sheriff’s Office will respond. For example, motorists who report accidents in the busy area of Scatterfield Road will be assisted by the Anderson Police Department, whereas if the collision occurred on County Road 300 South, the Madison County Sheriff’s Office will take the report.
Obtaining a police report is crucial for pursuing compensation, as it establishes an official account of the accident. There are several critical factors to keep in mind when you are at the accident scene. First, never admit fault, as even saying, “I’m sorry,” can be used against you, and be sure to request the accident report number.
Step 2: Document the Scene and Seek Medical Attention
After a car crash, it is vital to collect and preserve evidence by thoroughly documenting the scene, including:
- Take numerous photos and videos from multiple angles of all vehicles involved in the accident, along with license plates, traffic signs, skid marks, debris, and road and weather conditions.
- Photograph visible injuries.
- Exchange contact information with the other driver(s), including their name and phone number. Also, it is wise to take a picture of their driver’s license and insurance card.
- Obtain the names and contact information of any bystanders who witnessed the accident.
- Not the time and date, and take a screenshot of your phone’s GPS/location data
- Do not talk to the other driver’s insurance company, as anything you say can be used against you.
Seek Medical Attention Immediately
Even if you initially do not believe that you are injured, you should be examined by a medical professional within 24 to 72 hours. Serious injuries such as a concussion, internal bleeding, bulging discs, traumatic brain injuries, and whiplash do not always manifest themselves immediately.
Medical records provide essential legal documentation and serve as an essential link between the accident and the injuries you sustained, which is critical if you plan to seek financial compensation.
Depending on where the accident occurred, you can readily seek treatment at Ascension St. Vincent Anderson, Community Hospital, or local urgent care options along SR 9 and Scatterfield Road.
Step 3: Notify Your Insurance Company
After a medical professional has seen you, you must notify your insurance company within 24 to 48 hours that you have been involved in an accident. Under Indiana law, the at-fault driver’s insurance company pays for damages.
When speaking with the insurance company, do not discuss who you believe to be at fault or the severity of your injuries. It is also vital that you do not provide the insurer with a recorded statement to the other driver’s insurance provider without speaking with a car accident attorney, as it can be used against you to deny or minimize your claim.
Step 4: Understand Indiana-Specific Legal Considerations
Indiana follows a modified comparative fault doctrine, meaning that you can seek damages if you
are determined to be less than 51% at fault for causing an accident. Even so, if you are 51% or greater at fault (the 51% bar rule), you will not be allowed to file a compensation claim.
Indiana’s Modified Comparative Fault Rule
Under the state’s modified comparative fault laws, your damages can be reduced by your percentage of fault. For example, if you are awarded $100,000 but are found to be 25% at fault, you will ultimately receive $75,000.
Indiana’s 2-Year Statute of Limitations
Under Indiana’s strict statute of limitations, you generally have up to two years from the accident date to file a personal injury lawsuit or property damage claim. Failure to meet the deadline will result in your case being thrown out, and you will have the right to pursue further legal action.
Step 5: When to Contact a Personal Injury Lawyer After an Anderson Car Accident
Whether your accident occurred at Cross Street and Columbus Avenue or on the heavily traveled Scatterfield, understanding when to contact an Anderson, Indiana, personal injury lawyer is crucial, including:
- If you are experiencing severe injuries that require ongoing treatment
- The accident involves a rideshare, commercial, or government vehicle
- The other driver was uninsured or underinsured
- The insurance providers offer a lowball settlement
- The insurer is disputing who is at fault
- The case involves wrongful death
Zaki Ali, Trial Lawyers, is committed to helping Anderson and Madison County residents injured in car accidents and offers free consultations to discuss your legal options. Contact 833-ZAKI-ALI (1-833-925-4254) today to schedule a consultation.
