Filing an auto accident lawsuit in Fort Wayne can be an essential step when seeking damages. You could be entitled to economic damages for your accident-related expenses, such as medical bills and car damage, and noneconomic damages for the pain and suffering you experienced.
Indiana Statute of Limitations for Car Accident Cases
A crucial law Fort Wayne drivers need to be aware of is the Indiana statute of limitations. It determines how long after an accident you can file a claim. Indiana’s statute gives you two years from the date of your injury to file a lawsuit and pursue damages from the at-fault party. If you miss this deadline, your case could be thrown out by a court, regardless of its merit.
Indiana Laws for Car Drivers
Knowing your rights and responsibilities under Indiana’s state laws is crucial, whether you’re involved in a head-on collision or an accident with an uninsured driver. Here’s a summary of the laws that could impact your case.
- Car insurance requirements. Indiana law requires all motorists to carry the following minimum liability insurance: $25,000 per person and $50,000 per accident in bodily injury coverage and $25,000 for property damage.
- Damage caps. Indiana does not impose a general cap on car accident settlement amounts, with some exceptions. Punitive damages—intended to punish bad behavior rather than compensate for a loss—may not be more than three times the amount of the compensatory damages or $50,000. Recovery against the government is capped at $700,000 per person.
- Government immunity. Government entities and employees in Indiana are generally immune from lawsuits. However, despite some hurdles, you can still file a lawsuit if a government agency or employee negligently caused your car accident.
- Dram shop law. If a drunk driver causes your collision, Indiana’s Dram Shop Act could come into play. Under the law, you can hold an establishment liable if staff served alcohol to a visibly intoxicated person who later caused your accident.
Identifying Fault for Car Accidents in Indiana
Indiana is a fault state, meaning the party responsible for your crash in Fort Wayne—or their insurance company—is generally responsible for your damages. However, to qualify for compensation, you must prove the other driver’s fault. Determining fault depends on the specifics of a collision, but it usually involves examining evidence such as photos and videos of the crash scene, police reports, traffic camera footage, eyewitness statements and medical reports.
Indiana follows a modified comparative fault rule, meaning anyone less than 51% responsible for an accident can pursue damages. However, your degree of fault will reduce the compensation amount you can seek. For instance, if you have $10,000 in damages but are deemed 40% responsible for the accident, you may recover only 60% of your damages ($6,000).