PHOTO CREDIT: formulanone from Huntsville, United States, CC BY-SA 2.0, via Wikimedia Commons
Traveling to a different state can quickly turn into a nightmare if you find yourself in a car accident. Whether you are visiting Indiana from another state or just passing through, being involved in a collision can leave you unsure about how to recover the damages you sustained. Understanding the crucial steps to take in such a situation is vital for out-of-state drivers in Indiana.
The most important thing to understand about out-of-state accident claims is that they are subject to the laws and limitations of the state where the accident occurs, not the state where your car or the at-fault driver’s car is insured. While car insurance requirements vary from state to state, insurance companies will honor the requirements of the state where the accident took place. This means that if you are involved in an accident in Indiana with an out-of-state driver who carries insurance coverage that falls below Indiana’s minimum requirements, their insurance company will still be obliged to cover the Indiana minimums.
If you need to file an injury claim against the at-fault driver, the claim will be governed by the statute of limitations and personal injury laws of Indiana. As an out-of-state motorist, you must comply with the legal procedures and requirements of the state where the accident occurred. In Indiana, the fault-based insurance system is followed, which means you will need to file your insurance claim against the at-fault driver’s insurance.
Pursuing an insurance claim as an out-of-state driver can be a daunting task, as insurance companies may take advantage of your non-local status and attempt to persuade you to settle quickly to avoid complications. However, it is crucial to exercise caution during this process, as accepting the first settlement offer may not be in your best interest. Initial settlement offers are often low ball figures and may not cover all the damages you sustained.
All drivers in Indiana are legally required to maintain liability car insurance with minimum coverage amounts as follows:
• Per accident bodily injury limits of $25,000 per person and $50,000 per incident.
• Property damage coverage at $10,000 per a single accident.
If the at-fault driver is underinsured, some insurance companies may increase their coverage limits to match the state minimums, while others may not. However, if your damages exceed the driver’s insurance limits or if the driver was uninsured, you can file a claim under your uninsured or underinsured motorist (UM/UIM) coverage if you have it.
To protect your rights and ensure fair compensation, consider contacting a knowledgeable attorney who can guide you through the complexities of an out-of-state accident claim in Indiana. Remember, knowing your rights and staying informed about the relevant laws can make a significant difference in your ability to recover damages and move forward after a car accident.
If you have been involved in an accident in Indiana as an out-of-state driver, it is crucial to immediately seek legal advice to assess your unique situation. Contact an experienced attorney at Hurst Limontes and we will be happy to review your case. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or use the contact form below for a FREE and confidential consultation.