Detailed Answer
Under Indiana law, you can pursue compensation for vehicle damage separately from any bodily injury claim. Property damage claims focus on repairs or replacement of your vehicle, while bodily injury claims address medical costs and pain. Indiana Code Title 27 governs motor vehicle insurance requirements, and Title 34 sets deadlines for civil actions.
- Notify your insurer promptly. Indiana Code §27-7-5-4 requires you to give written notice of a loss within a reasonable time. Failing to notify your insurer can jeopardize your claim. See IC 27-7-5-4.
- Document the damage. Photograph all vehicle damage, secure the police report, and collect witness statements. Thorough documentation strengthens your position.
- Obtain repair estimates. Get detailed, written estimates from reputable repair shops. Compare multiple estimates to ensure the insurer bases its offer on accurate costs.
- File a property damage claim. Send your documentation and a demand letter to the at-fault party’s insurer. Specify the damages and attach your estimates. Insurers must investigate and respond in good faith.
- Negotiate your settlement. Review any offer against your estimates. If the insurer’s offer is low, provide counter-offers with supporting documentation. Remain professional and keep written records of all communications.
- Consider small claims court. If negotiations stall, you can sue for property damage in small claims court for amounts up to $8,000. File in the county where the accident occurred and follow local court procedures.
- Watch the statute of limitations. You must file any lawsuit within two years of the accident date under Indiana Code §34-11-2-4. See IC 34-11-2-4. Missing this deadline bars your claim.
Helpful Hints
- Save every email, letter and voicemail regarding your claim.
- Keep a repair‐estimate folder with dated notes.
- Don’t sign a release until you’re satisfied with the settlement.
- If liability or damages exceed insurance limits, consult an attorney early.
- Check your policy for any other deadlines, such as appraisal clauses.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney.