A serious car crash does not always reveal its full impact at the scene. The vehicle may look badly damaged, but an injury can take days to develop. A driver may leave the hospital expecting a short recovery, only to miss work weeks later. Meanwhile, insurance companies may start asking questions before the person even understands the extent of the loss.
Those early decisions can affect a later personal injury claim. Indiana law considers fault, damages and other factors when determining whether an injured person can recover compensation. Avoiding these three mistakes can help preserve evidence and protect a claim as the consequences of the crash become clearer.
1. Leaving the crash scene without documenting what happened
Photos and other records can become important evidence after a serious collision. If possible, take pictures of the vehicles, roadway, traffic signals, visible injuries and other conditions that may help show how the crash occurred. Get contact information from witnesses and keep a copy of the crash report.
The Indiana State Police maintains the state’s central repository for vehicle crash reports.
Also, seek medical attention if you have symptoms or suffered an injury. Some injuries may not become obvious immediately, and medical records can help connect treatment to the crash.
2. Treating an insurer’s questions like a casual conversation
After a crash, an insurance adjuster may ask about what happened, your injuries and your treatment. Avoid guessing about details or making broad statements about how you feel. Keep records of medical care, expenses, missed work and other losses instead.
Indiana requires minimum liability coverage of $25,000 for bodily injury to one person, $50,000 for two or more people and $25,000 for property damage. However, the available insurance may depend on the policies involved and the circumstances of the crash.
3. Assuming you have plenty of time to file a claim
A serious injury can require months of treatment, but waiting does not necessarily extend the legal deadline. Indiana generally requires a personal injury action to begin within two years after the cause of action accrues.
Indiana also follows a modified comparative fault system. A claimant whose fault exceeds the combined fault of the other responsible parties can lose the right to recover damages.
Give your claim room to develop
The first few days after a serious crash may not tell the whole story. Injuries can require ongoing treatment, financial losses can accumulate and questions about fault may become more complicated as more evidence comes to light. What someone says or fails to document early can affect how those issues unfold later.
Taking the crash seriously from the beginning can help preserve the information needed to assess a potential claim. An Indiana personal injury attorney can review the circumstances, explain how the state’s laws may apply and provide personalized legal guidance.