Indiana Car Accident Lawyer

Can you claim pain and suffering after an Indiana car crash?

Yes. Indiana is an at-fault state with no no-fault threshold, so you can bring a claim for pain and suffering against the driver who caused the crash as soon as you are hurt.

The claim usually goes to the at-fault driver's liability insurer. It can include medical bills, lost wages, future care, vehicle damage, and pain and suffering. Ordinary car crash claims against private drivers have no general damage cap in Indiana.

While the claim is pending, your health insurance or optional medical payments coverage may pay early bills. Those insurers may ask to be repaid from your settlement, so keep a record of every payment.

How does Indiana divide fault in a crash?

A jury assigns a percentage of fault to everyone who contributed to the crash. Your award is reduced by your share, and you recover nothing if your share is more than 50%.

Consider a crash on I-465 near the airport. You were merging, and another driver sped up to close the gap. Your losses total $90,000.

• At 20% fault for merging too late, you recover $72,000.
• At 50% fault, you recover $45,000.
• At 51% fault, you recover nothing.

Indiana also lets a defendant argue that someone who is not part of the lawsuit, such as a driver who left the scene, caused part of the crash. That can shrink the defendant's share, so identifying every driver involved matters from the start.

What happens if a government vehicle caused the crash?

The rules change sharply. A tort claim notice is generally due within 180 days for a city, county, town or school vehicle, and within 270 days for a state vehicle.

Comparative fault also does not apply to government defendants in Indiana. A city or state agency can argue that even a small amount of fault on your part bars your claim entirely. That makes careful investigation of these crashes essential. School buses, transit buses such as IndyGo, police cars and snowplows are the most common examples. Each belongs to a different entity, and the notice must go to the right office for that entity.

Our page on government and public property injury claims explains what the notice must include.

What coverage protects you from an uninsured Indiana driver?

Your own uninsured and underinsured motorist coverage. Indiana insurers must offer this coverage, but drivers can reject it in writing.

If you have it, it can pay when the at-fault driver has no insurance, flees the scene or carries limits too low to cover your losses. Before settling with the other driver's insurer, notify your own insurer and follow your policy's requirements. Settling first can put the underinsured claim at risk.

Other sources may include an employer if the at-fault driver was working, or a vehicle owner who let an unsafe driver use the car. If you were a passenger, the policy on the car you were riding in and your own household policy may both provide coverage.

What road hazards are unique to Indiana?

Indiana's mix of interstates, farmland and small towns creates hazards that drivers from other states may not expect.

• Horse-drawn buggies in northern Indiana, especially in Elkhart and LaGrange counties, where fast traffic meets slow, unlit vehicles.
• Tractors, combines and grain trucks on state roads during planting and harvest.
• Lake-effect snow near Lake Michigan, causing sudden whiteouts and pileups.
• Construction zones on I-65, I-69 and I-465, with narrow lanes and sudden stops.
• Rural intersections hidden by tall corn in late summer.

Crashes with buggies and farm equipment raise questions about lighting, reflective signs, speed and visibility. Both sides have duties, and fault often turns on what each driver could see.

Who pays after a rideshare crash in Indianapolis?

It depends on what the rideshare driver was doing. Rideshare companies carry commercial coverage that applies in stages, depending on whether the app was on and whether a ride was in progress.

Passengers usually have access to the largest layer. Drivers and pedestrians hit by a rideshare vehicle may also claim against that coverage. Our guide to rideshare and taxi accidents explains how the stages work.

First steps after an Indiana crash

1. Call police and get the report number.
2. Photograph the vehicles, the scene and any traffic signals.
3. Get medical care and follow your treatment plan.
4. If any government vehicle was involved, mark the notice deadline right away.
5. Avoid recorded statements to the other insurer before getting advice.

For more, see our general car accidents guide, our Indiana truck accident page and our main Indiana page. Our team offers a free case review.