FastCounsel

Disclaimer

This is general information, not legal advice. I am not a lawyer. Laws change and each case turns on its facts; consult a licensed Indiana attorney before making legal decisions.

Detailed answer — step-by-step guide

1. Read the crash report carefully

Confirm names, contact information, vehicle descriptions, insurance companies and policy numbers, driver statements, witness names, and the officer’s narrative. Note any inaccuracies or missing information. The report is important but not always complete or definitive.

2. Preserve evidence right away

Save photos of vehicles, scene, road conditions, traffic signs, and any visible injuries. Keep repair estimates, tow records, and receipts for rental cars or other out-of-pocket costs. Preserve phone records, messages, and social media posts related to the crash.

3. Seek and document medical care

Get prompt medical attention and follow medical advice. Ask for copies of all records, imaging, notes, and bills. Keep a treatment timeline showing dates, providers, diagnoses, treatments, prescriptions, and how injuries affected daily life and work.

4. Notify your insurer and the at-fault insurer

Report the crash to your insurance company promptly (honesty is essential). If you plan to make a claim against the other driver, notify that driver’s insurer. Preserve all written communications and take notes of phone calls (date, time, representative, summary).

5. Estimate damages

Organize economic damages (medical bills, future medical estimates, lost wages, property damage) and non‑economic damages (pain and suffering, loss of enjoyment). Keep documentation for each item; insurers rely heavily on paper proof.

6. Consider a demand package

Once you have medical records and a reasonable damage estimate, prepare a demand letter or package for the at-fault driver’s insurer. Include the crash report, photos, medical records and bills, proof of lost income, and a clear settlement demand with a deadline for response. This often starts negotiations without filing a lawsuit.

7. Beware insurance tactics

Insurers may make quick low offers or ask you to give a recorded statement. You are not required to accept a quick offer or give a recorded statement without preparation. Consider talking to an attorney before signing releases or accepting offers.

8. Know the filing deadline (statute of limitations)

For most personal injury claims in Indiana, you must file a lawsuit within two years after the date of the injury. That deadline is critical; missing it usually ends your right to sue. See Indiana’s statute on actions for injury to a person or death: Ind. Code § 34-11-2-4. If a government entity is involved, shorter notice or special procedures may apply—act quickly and consult counsel.

9. If negotiations stall: consider litigation steps

If you cannot reach a fair settlement, you and an attorney can prepare and file a civil complaint in the appropriate Indiana court. After filing, the case moves to discovery (document requests, depositions), possible mediation, and then trial if needed. Litigation takes time and involves procedural rules and costs; an attorney can estimate timeline and expenses for your situation.

10. When to hire an attorney

Talk to an attorney if: your injuries are moderate to severe, liability is contested, damages are significant, the other party has limited or complex insurance, or the insurer is offering less than you need to cover current and future losses. Most personal injury attorneys offer free initial consultations and work on contingency (they get paid only if you recover).

Special situation notes

• If a government vehicle or entity caused the crash, different notice requirements and shorter deadlines may apply. Contact an attorney quickly.
• If you were partly at fault, Indiana follows comparative fault rules; your recovery may be reduced by your share of fault.
• If the at-fault driver lacks sufficient insurance, check your own uninsured/underinsured motorist (UM/UIM) coverage.

Helpful hints

• Make a folder (digital or paper) with: crash report, photos, medical records, bills, employer wage verification, repair estimates, correspondence with insurers, and witness contact info.
• Track all accident-related expenses and time missed from work. A clear accounting strengthens your claim.
• Don’t post details or photos of your injuries or recovery on social media. Insurers and defense lawyers often use social media content to challenge claims.
• Get a copy of your complete medical records (not just bills). Those records form the backbone of your injury claim.
• Ask for an itemized bill or explanation of benefits (EOB) to show exactly what treatment cost and what insurance paid.
• Keep a daily journal describing pain, activities you cannot do, mood changes, and care needs—this supports non-economic damages.
• If you hire an attorney, provide everything early. This lets them evaluate liability, damages, and any statute-of-limitations risks.
• Use official state resources to request crash-report copies or learn reporting duties: Indiana Bureau of Motor Vehicles (BMV) — in.gov/bmv.