Indiana Car Accident Settlement

Indiana Car Accident Settlement Information

Car accidents are a common and unfortunate reality in Indiana. According to the most recent statistics from the Indiana Department of Transportation, over 200,000 car accidents were reported in 2021 alone. 

• How Much Is Your Car Accident Settlement Worth?

  Find out the maximum compensation you could receive.

• How Much Is My Car Accident Settlement Worth?

Unfortunately, many of these crashes resulted in severe injuries and even fatalities for those involved. If you have been injured due to another driver’s negligence or recklessness behind the wheel, you may be entitled to compensation through a car accident settlement under Indiana state law. Knowing your rights can help ensure that you get what is fair and just after being hurt due to someone else’s actions on the road.

Whether you are in Gary, Terre Haute or Indianapolis, there are thousands of miles of roads to see and explore in the Hoosier State. You can travel from the Brickyard in the big city and to the sand dunes and wine trail in the rural parts of the state. Indiana’s roads are used by more than five million drivers, who travel an average of 12,000 miles per year. As in all states, there are thousands of car accidents every year. If you are going to live in or visit Indiana, it is a good idea to be familiar with the accident laws and resources in case you are ever in an accident.

This article discusses the car accident settlement process in Indiana and the laws governing this process in the state.

What is the Process for Getting a Car Accident Settlement In Indiana?

To file a car accident claim in Indiana, victims must first establish that another party was at fault for the crash. This can be done by proving that the other driver was negligent or reckless when operating their vehicle. If a police report for the crash is available, this can help to provide evidence of liability.

Once fault has been determined, victims must file a personal injury claim with the at-fault driver’s insurance company. This should include documentation of any economic losses from the accident, such as lost wages and medical bills. The insurance company will review the claim before deciding whether or not to provide compensation for damages suffered by the victim in the car accident.

Victims may need to pursue their claims through civil litigation if the parties cannot reach an agreement. This is where a good car accident lawyer can be invaluable in helping to secure the compensation needed to cover medical expenses and other damages related to the accident.

What is the Average Indiana Car Accident Settlement Amount?

The average Indiana car accident settlement can vary significantly based on the severity of the injuries and damages suffered by the victims. Generally, those who suffer more serious bodily injuries such as broken bones, traumatic brain injury, paralysis, or disfigurement may be entitled to higher car accident settlements. The amount of money awarded may also depend on any lost wages due to missed workdays, property damage, and medical bills. Factors such as the at-fault driver’s insurance policy limits, liability issues, and other circumstances may also affect the ultimate settlement amount.

How Can I Maximize My Car Accident Settlement in Indiana?

To maximize your car accident settlement after you have been involved in an auto accident in Indiana, here are some steps you should take:

1. Collect all documents and evidence related to the car accident, including police reports, photos of the scene, medical records, and any other documents that may be relevant to your case. This evidence will help you support your car accident settlement claim.
2. Stay at the scene of the accident and call the police. Seek medical attention after issuing your statement to the police. Doing this as soon as possible is essential because the longer you take to do that, the insurance company will argue that your injuries were not caused by the accident. This can significantly reduce your settlement offer. Keep detailed records of medical bills and other recommended treatment plans like physical therapy.
3. Document the car repair costs lost wages due to time off work, and any other expenses you incurred in the accident. You may present to the insurance company to receive adequate compensation.
4. You may speak with a car accident attorney who can guide you through the personal injury claims process to ensure that you receive maximum compensation.
5. Contact the at-fault driver’s insurance company with all the evidence and paperwork you have collected.

• What’s my car accident settlement worth?
• Find out in less than 60 Seconds!

Is Indiana An At-Fault State For Car Accidents?

Yes, Indiana is an at-fault state. In at-fault states, the person at fault for causing an accident is responsible for all damages to others. If you have been injured in an accident in Indiana and are looking at filing a personal injury claim, it is essential to understand how at-fault states work.

At-fault states like Indiana allow you to make a personal injury claim against the at-fault driver’s insurance company. If your injuries are severe, or if there is a significant amount of property damage involved, then it may be worth pursuing a personal injury claim.

Indiana also follows a comparative negligence system; as a victim in a car accident caused by another person, you are eligible to receive compensation from the at-fault driver’s insurance company if you are less than 50% at fault for the accident. Conversely, you will only receive compensation if you are found to be at most 50% at fault. This system also states that the amount you receive is reduced by your percentage of fault in the accident.

For instance, if you are to receive $10,000 in settlement but are found to be 20% at fault, you will receive $8 000.

Indiana Negligence Laws

Indiana has a modified comparative negligence standard – 51% fault system. Below are the critical things to know if you are in a car accident here:

• You can obtain financial compensation even if the car accident was partially your fault.
• You only may receive damages if you are less than 51% responsible for the car accident.
• Your financial damages will be awarded based upon your percentage of fault. If the accident is found to be 50% your fault, you will receive 50% less in compensation, whatever the settlement or verdict amount is.
• If several parties are at fault for the accident, they are held liable proportionate to their degree of fault for the crash.
• If you are found to be 51% or more at fault for the accident, you could have to pay for the damages of the other parties.

Indiana is a fault state. This means if you are injured in a car accident, you may file a claim with the other driver’s insurance policy to pay for your medical bills, pain and suffering and property damages. Other states have a no-fault system that means the injured driver must use their own policy to pay for their damages up to a certain limit.

Other Indiana Driving Laws

• Indiana has a ban on texting for all drivers, as well as a ban on cell phone use for beginning drivers.
• As of 2013, state law requires the courts recommend a 90-day suspension at minimum and up to a one-year suspension of your driver’s license for not providing proof of financial responsibility.
• As of 2013, any seller or dealer who knows that methamphetamine was manufactured in a motor vehicle in the last two years must disclose this information to a potential buyer.
• If the car accident resulted in injury, death or more than $1000 in damages, you must report the accident to the Indiana Bureau of Motor Vehicles. You must submit an Operator’s Proof of Insurance and Crash Report Form within 10 days. This is unnecessary if the police investigated the accident and took a police report.
• After an Indiana car accident, you probably will need a copy of the police report if you are filing a claim against the other driver. You can get a copy of the police report from the local law enforcement office that investigated the crash. Or, you can buy a copy of the report at buycrash.com.

Can You Claim Pain and Suffering for a Car Accident in Indiana?

Yes, pain and suffering can be claimed in Indiana as part of non-economic damages for a personal injury case. Pain and suffering damages include emotional distress or physical pain caused by the injury. These claims are based on how much pain the victim endured from their injuries, how long it lasted, any permanent disabilities that result from them, and any psychological trauma they may have experienced because of their accident.

How Much Can I Get For Pain and Suffering in Indiana?

The amount of compensation for pain and suffering in Indiana can vary greatly depending on the injury. Generally, victims are eligible to receive an amount proportional to their injury and any associated emotional distress or physical pain. Insurance companies generally use the per diem or multiplier methods when determining pain and suffering damages.

The per diem method sets a specific dollar amount for each day the injury has affected your life. While the multiplier method multiplies your losses for economic damages and multiplies by a number between 1 and 5.

To find out what you can receive in your case, you may reach out to a car accident attorney; most of them offer free case evaluation, so you know how to proceed with your case.

Auto Accident Statute of Limitations in Indiana

In Indiana, the statute of limitations for personal injury claims is two years, so any person who wishes to file a lawsuit for damages sustained in a car accident must do so within two years from the accident date.

Strategically speaking, giving yourself enough time to file a lawsuit is always wise, even if you can settle your case by negotiation. Having your options open will add more bargaining power while discussing settlement terms.

How Do You Prove Fault in Indiana Car Accident Settlement?

Indiana is a ‘fault’ state; to receive compensation for your injuries, you need to prove that the other driver breached their duty of care towards you. To do this, you need evidence like witness testimonies, police reports, photographs of the accident scene, and property damage.

To establish fault in a personal injury case, it may be necessary to file a car accident lawsuit in Indiana and enter negotiations with an insurance company or pursue compensation through court proceedings. It can be difficult for someone without legal experience to understand how best to prove fault; however, having the support of an experienced attorney will make this process much easier.

• How Much Is Your Car Accident Settlement Worth?

  Find out the maximum compensation you could receive.

• How Much Is My Car Accident Settlement Worth?

Indiana’s Car Insurance Requirements

In Indiana, auto insurance is a legal requirement for all drivers. Motorists must carry insurance that meets the state minimum insurance requirements to protect themselves and others while on the road. In Indiana, every driver is required to carry the following:

• Bodily injury liability: This pays for the damages you may cause to other drivers, including medical bills and lost wages. A minimum of $25,000 per person and $ 50,000 per accident is required.
• Property damage liability: This pays for car repair costs and other property damage resulting from the accident you may cause. Minimum of $25,000 per accident.
• Uninsured motorist bodily injury covers your own damages when you are involved in an accident caused by a driver with no insurance or one that flees the scene. Minimum of $25,000 per person and $50,000 per accident.
• Uninsured motorist property damage: This covers your property damage if the at-fault driver has no insurance. Minimum of $ 25,000 per accident.
• Underinsured motorist bodily injury: This pays for your damages when you are involved in an accident with an underinsured driver, or the extent of your injury exceeds the insurance limit of the at-fault driver.

You may opt out of uninsured or underinsured motorist coverages in Indiana.

If you do not carry insurance in Indiana, you can have your driver’s license suspended, and a $10,000 fine can be imposed. You cannot register your vehicle in the state unless you have auto insurance.

Indiana Accident Settlement Taxes

The purpose of a personal injury settlement is to provide you with compensation for your losses. This is often said to be ‘making you whole.’ The law cannot undo your injuries, so all it can do is to provide a legal method for you to be compensated from the person or entity that caused the accident that led to your injuries. A car accident settlement is not generally taxable by the federal government or the state of Indiana, as it is not defined as income or earnings.

For example, IRS Publication 4345 states that if you get a settlement for physical injuries or physical sickness and you did not take an itemized deduction for your medical expenses related to your sickness or injury in prior years, the full amount of settlement is not taxable.

However, for the personal injury settlement to be not subject to federal or state tax, the compensation must be related to specific physical injuries or a physical illness. But if you did deduct your medical expenses that are related to the injury on a tax return, that amount of personal injury settlement is subject to taxation.

Also, the IRS and Indiana state governments will not tax compensation for mental anguish and emotional distress if it is related to a physical injury.

Punitive damages are paid when the defendant acted in an egregiously bad way. These types of damages are intended to punish the other party and are always taxable.

The amount of the settlement that is specifically marked for lost wages and income is generally taxable because it would have been taxed if you had earned it normally.

Statistics and Notable Accidents

National and state government data shows there were 205,532 car accidents in Indiana in 2014 with injury or property damage, and there were 821 fatal car accidents in the state in 2015, with 178 DUI deaths.

State data also shows the following are the most common reasons for car accidents in Indiana:

• Unsafe driving: Most Indiana car accidents happen because of general unsafe driving. These accidents occur because of unsafe actions such as following too closely or not yielding right of way. A recent investigation by an Indianapolis TV station found that rear end crashes due to following too closely were the most common accident on state roads.
• Distracted driving: With the ubiquity of cell phones and other small electronic devices, more people are not paying attention to their driving. This is very common with younger drivers, with 71% saying they have texted and drove. Most distracted driving accidents in this state have been blamed on an unspecified distraction, and 400 were blamed in recent years on a cell phone.
• Driver impairment: There are still far too many drunk driving crashes in the state. Also, accidents happen in Indiana because of a lack of sleep. Drowsy driving was cited as the major factor in 1400 crashes in Indiana in 2014. Five of them were fatal.
• Commercial truck accident settlements: 8% of the 205,532 crashes in the state in 2014 involved large commercial vehicles such as trucks or buses. There were 147 people killed in commercial vehicle accidents in 2014.
• Other factors: According to the 2014 Indiana Crash Facts report, the major factor in 24,485 crashes were bad weather and slick roadways.

Some of the recent bad winter weather in Indiana has spurred many serious and sometimes fatal car accidents. A Jan. 24, 2018 news report stated that a man from Mishawaka was killed in a two vehicle head on collision on US 6 in Indiana. This was the one fatality among dozens of car accidents in Elkhart County after there was a new round of snow and ice this week. The 25-year-old driver in the crash slid on the road and collided head on with a big rig at US 6 and CR 25 near New Paris.

The state police cautioned that icy weather in Indiana leads to many car accidents because drivers tend to not slow down when they should.

Indiana Car Accident Settlement Calculator:

Have you been involved in a motor vehicle accident or otherwise injured in Indiana? Find out how much financial compensation you may be legally entitled to in just minutes with our free online Car Accident Settlement Calculator.

Indiana Accident Settlement Taxes

The purpose of a personal injury settlement is to provide you with compensation for your losses. This is often said to be ‘making you whole.’ The law cannot undo your injuries, so all it can do is to provide a legal method for you to be compensated from the person or entity that caused the accident that led to your injuries. A personal injury settlement is not generally taxable by the federal government or the state of Indiana, as it is not defined as income or earnings.

For example, IRS Publication 4345 states that if you get a settlement for physical injuries or physical sickness and you did not take an itemized deduction for your medical expenses related to your sickness or injury in prior years, the full amount of settlement is not taxable.

However, for the personal injury settlement to be not subject to federal or state tax, the compensation must be related to specific physical injuries or a physical illness. But if you did deduct your medical expenses that are related to the injury on a tax return, that amount of personal injury settlement is subject to taxation.

Also, the IRS and Indiana state governments will not tax compensation for mental anguish and emotional distress if it is related to a physical injury.

Punitive damages are paid when the defendant acted in an egregiously bad way. These types of damages are intended to punish the other party and are always taxable.

The amount of the settlement that is specifically marked for lost wages and income is generally taxable because it would have been taxed if you had earned it normally.

• Speak to a Car Accident Attorney
• Fast, Free & Confidential!

Indiana Negligence Laws

Indiana has a modified comparative negligence standard – 51% fault system. Below are the critical things to know if you are in a car accident here:

• You can obtain financial compensation even if the car accident was partially your fault.
• You only may receive damages if you are less than 51% responsible for the car accident.
• Your financial damages will be awarded based upon your percentage of fault. If the accident is found to be 50% your fault, you will receive 50% less in compensation, whatever the settlement or verdict amount is.
• If several parties are at fault for the accident, they are held liable proportionate to their degree of fault for the crash.
• If you are found to be 51% or more at fault for the accident, you could have to pay for the damages of the other parties.

Indiana is a fault state. This means if you are injured in a car accident, you may file a claim with the other driver’s insurance policy to pay for your medical bills, pain and suffering and property damages. Other states have a no-fault system that means the injured driver must use their own policy to pay for their damages up to a certain limit.

Auto Insurance Requirements in Indiana

The state requires you to have a minimum of auto insurance if you are in an accident. The current requirements are:

• $25,000 bodily injury for each person
• $50,000 bodily injury for all people in an accident
• $10,000 in property damage liability
• $25,000 and $50,000 uninsured bodily injury liability
• $10,000 uninsured motorist property damage
• $50,000 underinsured motorist bodily injury

Uninsured and underinsured motorist coverage can be declined in writing.

If you do not carry insurance in Indiana, you can have your driver’s license suspended, and a $10,000 fine can be imposed. You cannot register your vehicle in the state unless you have auto insurance.

Other Indiana Driving Laws

• Indiana has a ban on texting for all drivers, as well as a ban on cell phone use for beginning drivers.
• As of 2013, state law requires the courts recommend a 90-day suspension at minimum and up to a one-year suspension of your driver’s license for not providing proof of financial responsibility.
• As of 2013, any seller or dealer who knows that methamphetamine was manufactured in a motor vehicle in the last two years must disclose this information to a potential buyer.
• If the car accident resulted in injury, death or more than $1000 in damages, you must report the accident to the Indiana Bureau of Motor Vehicles. You must submit an Operator’s Proof of Insurance and Crash Report Form within 10 days. This is unnecessary if the police investigated the accident and took a police report.
• After an Indiana car accident, you probably will need a copy of the police report if you are filing a claim against the other driver. You can get a copy of the police report from the local law enforcement office that investigated the crash. Or, you can buy a copy of the report at buycrash.com.
• If you are unsure whether you should file a claim or not, you probably need to learn a rough estimate of what your case could be worth. Visit Lawsuit Info Center to learn what your car accident case could be worth.

Conclusion

Car accidents are unfortunately commonplace in Indiana. However, if you have been injured due to someone else’s carelessness or recklessness, you may be entitled to compensation through a car accident settlement. Knowing your rights under Indiana law and understanding the average settlement for a car accident in Indiana can help ensure that you get what is fair and just after being hurt due to another party’s negligence on the road. With the proper guidance and assistance, victims can get the financial support they need to recover from the damages caused by a car accident.

• What’s my car accident settlement worth?
• Find out in less than 60 Seconds!

Related Articles