Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
When another driver injures you, their insurer must investigate and accept liability before you can recover compensation. Under Indiana law, insurers must acknowledge and address claims promptly. Here are the key steps to make sure the at-fault party’s insurer accepts liability for your injuries:
1. Provide Timely Written Notice
Immediately after the collision, notify the at-fault driver’s insurer in writing. Include the date, location, and brief description of the accident. Indiana’s Unfair Claim Settlement Practices Act requires insurers to respond promptly to communications: see Ind. Code § 27-4-1-2(2).
2. Gather and Submit Strong Evidence
Collect a police report, photographs of the crash scene, witness statements, and medical records. Submit these documents with your claim. Detailed evidence helps the insurer assess liability quickly and reduces chances of denial.
3. Document All Medical Treatment
Keep records of every medical visit, treatment plan, and bill. Insurers review medical documentation to determine causation and injury severity. Incomplete treatment records can delay or weaken your claim.
4. Comply with Reasonable Requests
An insurer may ask for additional information or independent medical examinations. Cooperate promptly. Under Ind. Code § 27-4-1-2, unreasonable delays or denials may violate state law.
5. Send a Formal Demand Letter
If the insurer stalls, send a detailed demand letter outlining your injuries, treatment costs, lost wages, and pain and suffering. State a deadline (e.g., 30 days) for acceptance. A clear, written demand often spurs timely action.
6. Monitor Deadlines
Indiana sets a two-year statute of limitations for personal injury lawsuits under Ind. Code § 34-11-2-4. File suit before the deadline if the insurer rejects or ignores your demand.
7. File a Complaint with the Department of Insurance
If the insurer demonstrates unfair claim practices—such as unreasonable delays or lowball offers—you can file a complaint with the Indiana Department of Insurance (IDOI). This may prompt the insurer to re-evaluate liability.
Helpful Hints
- Keep a detailed log of all communications (dates, times, names).
- Use certified mail or email with read receipts when sending documents.
- Consult a personal injury attorney early to protect your rights.
- Avoid signing any release or settlement without reviewing it with counsel.
- Track all out-of-pocket expenses related to your injury.