Indiana accident victims must proceed with a formal claim according to the state guidelines. These claims are filed after attempts to collect through insurance policies have failed. An attorney helps a victim of an Auto Accident in Terre Haute IN seek compensation for their injuries.
How the Statute of Limitation Affects the Case
The statute of limitations indicates how much time the victim has to file a formal claim. In Indiana, accident victims are restricted to a two-year period. This time frame begins on the day of the accident. The claim must be submitted to the court before the second anniversary of the accident. Victims who cannot submit before this period forfeit all rights to compensation under Indiana laws.
Assessing Comparative Fault
The comparative fault would come into play only if the victim committed a traffic violation. The defendant in a lawsuit must have evidence that shows this fault. For example, witnesses that saw the accident must testify that the victim was speeding or driving recklessly. Equally, law enforcement must submit evidence if he or she was under the influence of alcohol or controlled substances.
The fault of the victim must measure beyond forty percent. Otherwise, the compensation is reduced by the percentage only. If the victim is half at fault for the accident, the court can deny any compensation.
Why Victims Must Have Insurance Too
The victim must have valid auto insurance. Any driver that doesn’t possess insurance is subject to fines. These fines will apply no matter who was at fault for the accident. The court could reduce the victim’s settlement if they failed to comply with insurance requirements.
Equally, the accountable driver could face further fines if they didn’t have insurance. This could equate to the requirement of SR-22 insurance certification. This indicates that they are a risk to all drivers.
Indiana accident victims follow specific guidelines when filing a formal claim. These guidelines require them to acquire an accident report from law enforcement. They must also present evidence of a total value for their medical and auto repair costs. Victims of an Auto Accident in Terre Haute IN should contact Dan McGlone for more information today.
