Indiana Statue of Limitations on Car Accidents
When you get into a car accident in Indiana, you are likely to be contacted by the responsible party's insurance company to settle with you. The settlement amount can be lower than what you could receive, had you filed a claim against the driver in court. Car accidents are "torts," as they lead to personal injuries and property damage. To recover money damages from the responsible party in Indiana, you must file suit against within the state's statute of limitations.
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Personal Injury
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When you get into a car accident, you may suffer personal injuries. Even if you do not experience any immediate injury, you may eventually develop pain from an undiagnosed injury. Therefore, as soon after the accident as possible, have a medical exam performed. Keep a copy of any diagnosis and bills that arise from the visit, as the person responsible for the accident is also responsible for the medical bills.
Property Damage
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Car accidents also lead to property damage. When your vehicle is impacted, even minor damage done to the vehicle is recoverable. Therefore, as soon after the accident as possible, have a mechanic estimate the value of the damage done to your vehicle. Take pictures of the damage. The pictures and official estimate are necessary to either settle with the other driver's insurance company or in filing a claim against the driver in court.
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Statute of Limitations
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You are required to bring an action against the responsible driver within two years of the accident. If you fail to file a lawsuit against the responsible party during the two years from the date of the car accident, you legally forfeit your right to any compensation that you would have received. You can receive compensation from any proven personal or property damages that resulted from the accident.
Finding a Lawyer
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As soon as you have been in an accident, you should contact a personal injury lawyer immediately. Sometimes, you may not able to afford a lawyer. However, your local Legal Aid office may be able to offer you free or low-cost legal services to you. You can find a lawyer by looking in your phone book for personal injury lawyers or searching online. Several reputable search sites include Lawyers.com, Martindale.com and ABA Law Info.
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References
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